J.G. v. State

J.G. appeals the court’s judgment and conviction for misdemeanor battery and resisting arrest without violence. We affirm the conviction and write to address his argument that the trial court erred in refusing to allow the use of an audio recorded deposition to refresh a witness’s recollection. We agree with J.G. that the court erred. However, because the error was harmless, we affirm.

At trial, the arresting officer testified that J.G. knew she was an officer prior to the incident in question. Counsel for J.G. sought to refresh the officer’s recollection, or impeach the officer’s testimony,…