Hinds v

State, 296 Ga. App. 80, 673 S.E.2d 598 (2009). Report disclosed immediately upon receipt by state. — Defendant was not entitled to relief based on an alleged violation of O.C.G.A. § 17-16-4 and failure to remedy the violation under O.C.G.A. § 17-16-6 because the state turned over the subject records immediately after receiving the records and counsel did not move for a continuance, but the trial court gave counsel additional time to review the records. Hambrick v. State, 353 Ga. App. 666, 839 S.E.2d 664 (2020). Time of Making Statement Statement by defendant after pat-down search and before arrest. — Statement was noncustodial and not subject to discovery under former O.C.G.A. § 17-7-210 since the oral statement by the defendant as to ownership of and license for a derringer was given to the officer when the officer had probable cause to conduct a pat-down weapon search and the burden of proving that the defendant had a valid license for carrying the pistol was upon the defendant. The defendant was arrested only after the defendant admitted to not having a license. Jordan v. State, 166 Ga. App. 417, 304 S.E.2d 522 (1983) (decided under former O.C.G.A. § 17-7-210). Section only applies to statements made while in custody. — Former § 17-7-210 related only to those statements made by the defendant while in police custody. Shelton v. State, 196 Ga. App. 163, 395 S.E.2d 618 (1990), overruled on other grounds by State v. Burns, 829 S.E.2d 367, 2019 Ga. LEXIS 400 (Ga. 2019) (decided under former O.C.G.A. § 17-7-210). Statement made by the defendant to another while both were in jail constituted a statement while in police custody requiring disclosure upon the defendant’s request. Walraven v. State, 250 Ga. 401, 297 S.E.2d 278 (1982), aff ’d, 255 Ga. 276, 336 S.E.2d 798 (1985) (decided under former Code 1933, § 27-1302). 1473 Time of Making Statement (Cont’d) Statements not made while defendant in custody. — See Yeargin v. State, 164 Ga. App. 835, 298 S.E.2d 606 (1982) (decided under former Code 1933, § 27-1302); Hanifa v. State, 269 Ga. 797, 505 S.E.2d 731 (1998) (decided under former Code 1933, § 27-1302), but see Mason v. State, 177 Ga. App. 184, 338 S.E.2d 706 (1985) (decided under former O.C.G.A. § 17-7-210). Section inapplicable to statement made while not in custody. — Because a party suspected of drunk driving was stopped by a police officer and asked to recite the alphabet that party was not in custody and therefore there was no requirement under former O.C.G.A. § 17-7-210 that the state provide a written summary of the attempted recitation. Wilson v. State, 173 Ga. App. 805, 328 S.E.2d 418 (1985) (decided under former O.C.G.A. § 17-7-210). Only a custodial statement is required to be supplied pursuant to former O.C.G.A. § 17-7-210. Johnson v. State, 177 Ga. App. 705, 340 S.E.2d 662 (1986) (decided under former O.C.G.A. § 17-7-210). Defendant’s statement to a police officer which is made at a time when the defendant is not in custody is not subject to discovery pursuant to former O.C.G.A. § 17-7-210. Webb v.