A Toombs County jury found Tyrone V. Miller guilty of malice murder for the fatal shooting of Cornelius Johnson, and he was sentenced to life in prison. 1
The evidence viewed in favor of the verdict established that on the evening of February 11, 1995, Miller and several of his friends went to a nightclub in Vidalia. Miller's friend, Blair, and the victim, Johnson, began to fight. As Blair and Johnson were struggling on the floor, Miller walked over to the men, drew a handgun from his trousers, and fired four shots at Johnson, fatally wounding him. Two days after the murder, Miller gave police a videotaped statement in which he admitted shooting the victim, that he had done so without a reason, and that the murder weapon was in a dresser drawer at his mother's house. The weapon was recovered during a subsequent search of the home.
1. The evidence was sufficient for a rational trier of fact to find Miller guilty of the malice murder of Johnson beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).
2. Miller's sole challenge is that statements made by the district attorney in closing argument improperly characterized facts not in evidence and the role of the jury, violated the right of confrontation, and were prejudicial and improper so as to constitute reversible error. 2
However, the record shows that Miller failed to object to the comments during or after closing argument. Thus, he is precluded from review of the remarks on appeal. A defendant must object to the alleged impropriety at the time it occurs in order to afford the trial court the opportunity to take remedial action. Isaac v. State, 263 Ga. 872
, 874 (4) (a) (440 SE2d 175