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96. SIMILAR TRANSACTIONS/PRIOR DIFFICULTIES EVIDENCE, FAILURE TO OBJECT Smarr v. State, 317 Ga.App. 584, 732 S.E.2d 110 (September 6, 2012). Convictions for burglary and attempted burglary affirmed (but sentence vacated); counsel was deficient for failing to object to investigators’ testimony referencing similar transactions without proper notice, but harmless in light of overwhelming evidence of defendant’s guilt. Higgins v. State, 304 Ga.App. 771, 698 S.E.2d 335 (July 5, 2010). Defendant’s convictions for rape and aggravated sodomy reversed based on ineffective assistance. “The record shows that trial counsel failed to object to the State's admission of the unredacted juvenile disposition order that the State used to prove a similar transaction despite having raised the need for redaction of the sentence in a pre-trial hearing and having obtained an agreement from the State to do so. … Counsel's failure to object specifically to admission of the sentencing portions of the juvenile court disposition order at trial constituted deficient performance. See Miller v. State, 250 Ga.App. 84, 85-86(2) (550 S.E.2d 134) (2001) (sentence from similar transaction should not be admitted); Weaver v. State, 206 Ga.App. 560, 561(3) (426 S.E.2d 41) (1992) (error to admit sentence in similar transaction).” Smallwood v. State, 296 Ga.App. 16, 673 S.E.2d 537 (February 11, 2009). No ineffective assistance for failure to demand redaction of indictment submitted as similar transaction evidence, showing other charges which were either reduced or dead-docketed. “[T]he indictment was not prejudicial, since it showed that the initial charge was reduced.” Farris v. State, 293 Ga.App. 674, 667 S.E.2d 676 (September 10, 2008). No ineffective assistance in failing to object to admissible prior difficulties evidence. “[T]rial counsel decided not to object to the prior difficulties testimony but instead elected to use it to bolster the defense theory of the case, which was that [child molestation/incest victims] were not credible. Trial counsel believed that the only defense against the prior difficulties was to show that they were part of a series of claims so ‘outlandish’ that they could not be believed. Furthermore, trial counsel felt that the inference that the victims lied about the beatings was supported by their mother's testimony that she noticed no signs of physical abuse and by the lack of physical evidence to support the allegations. Given the foregoing, ‘[t]he trial court was authorized to find that counsel applied a valid trial strategy, and that he was not ineffective for making the tactical decision not to object to’ the introduction of the prior difficulty evidence or to move for a limiting instruction. Hill v. State, 276 Ga. 220, 223(5), 576 S.E.2d 886 (2003).” Robinson v. State, 293 Ga.App. 238, 666 S.E.2d 615 (August 6, 2008). 1. No ineffective assistance for failure to have similar transaction hearing transcribed, as “[a]ny error with respect to the admission of the similar transaction evidence can be resolved on the basis of the record at trial. See Williams v. State, 285 Ga.App. 190, 194(3)(b), 645 S.E.2d 676 (2007); Perry v. State, 263 Ga.App. 670(1), 588 S.E.2d 838 (2003).” 2. No ineffective assistance for failure to object to admission of prior convictions, where cumulative of other evidence (including defendant’s own admissions). “Robinson complains that his trial counsel should have objected to one of the convictions admitted at trial because it did not show that he was advised of his constitutional rights, and to another because it also contained a conviction for a misdemeanor count of marijuana possession. Notwithstanding Robinson's contention, the complained of evidence was merely cumulative of other witnesses' testimony as well as Robinson's own trial testimony in which he admitted, ‘As a matter of fact, I have five convictions of shoplifting. In 1998, I went through a few problems with drugs and stuff and I shoplifted. I admitted that. I pled guilty to all of my shopliftings that I did.’ As a result of Robinson's admissions, no prejudicial error has been shown. ‘[E]vidence is harmless where admissible evidence of the same fact is before the jury.’ (Citations and punctuation omitted.) Griffin v. State, 281 Ga.App. 249, 251(3), 635 S.E.2d 853 (2006).” Collins v. State, 283 Ga.App. 188, 641 S.E.2d 208 (January 5, 2007). “[I]t was improper for the prosecutor to cross- examine [defendant] about the punishment he received on his prior convictions admitted as similar transactions evidence. See Miller v. State, 250 Ga.App. 84, 85-86(2) (550 S.E.2d 134) (2001); Weaver v. State, 206 Ga.App. 560, 561(3) (426 S.E.2d 41) (1992); Groble v. State, 192 Ga.App. 260, 260-261(2) (384 S.E.2d 281) (1989).” Counsel’s failure to object constituted ineffective assistance, but no prejudice to defendant as “[t]he improperly elicited testimony was one brief instance that occurred over a two-day jury trial, and the prosecutor did not attempt to capitalize on this specific testimony at any other point during the proceedings.” Lattimore v. State, 282 Ga.App. 435, 638 S.E.2d 848 (November 16, 2006). State presented proof of defendant’s prior guilty plea to a similar offense as a similar transaction, with proof that defendant was represented by counsel at that time. Defendant complains that his counsel here was ineffective for failing to challenge the voluntariness of the prior plea. Held, defendant has failed to show ineffectiveness of counsel. “Under Nash v. State, 271 Ga. 281 (519 S.E.2d 893)