MELTON, Justice.
Following a jury trial, Diana Branchfield was found guilty of felony murder, armed robbery, and possession of a firearm during the commission of a crime in connection with the August 1, 2007 shooting death of John Belfance.
1. Viewed in the light most favorable to the verdict, the record shows that, on August 1, 2007, Branchfield met with Belfance in his truck. She left the truck and told Belfance that she would return once she obtained some cocaine. Branchfield then met with Mario Williams, and told Williams that he could get the money that she owed to him from Belfance. Branchfield then returned to Belfance's truck and entered the passenger side. According to Branchfield, Williams then approached Belfance from the driver's side and demanded money. Williams then shot Belfance and took his money. Belfance died from two gunshot wounds to the torso. Although Branchfield told police that she did not know that
The evidence was sufficient to enable a rational trier of fact to find Branchfield guilty of all the crimes for which she was convicted. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); see also OCGA § 16-2-20 (parties to a crime). The jury was free to reject Branchfield's claim that she did not know that Williams was going to shoot Belfance and conclude from the evidence that she was a willing participant in the robbery and shooting of Belfance. See, e.g., Odom v. State, 279 Ga. 599, 619 S.E.2d 636 (2005).
2. Branchfield contends that the trial court erred in failing to grant her motion for a mistrial after a witness made an improper reference to a polygraph test.
We find no error. "When a prejudicial matter is improperly placed before the jury, a mistrial is appropriate if it is essential to the preservation of the defendant's right to a fair trial." (Citation omitted.) White v. State, 268 Ga. 28, 32(4), 486 S.E.2d 338 (1997). It is within the discretion of the trial court to decide "whether a mistrial must be granted as the only corrective measure or whether the prejudicial effect can be corrected by withdrawing the testimony from the consideration of the jury under proper instructions." Stanley v. State, 250 Ga. 3, 4(2), 295 S.E.2d 315 (1982). Here, the curative instruction given by the trial court relating to the witness' non-responsive and passing reference to a lie detector test adequately preserved Branchfield's right to a fair trial. Accordingly, the trial court did not abuse its discretion in denying Branchfield's motion for a mistrial. See Johns v. State, 274 Ga. 23, 25(3), 549 S.E.2d 68 (2001) (this Court "must presume that the jury followed [its] instruction and disregarded the [witness'] statement") (citations omitted); Evans v. State, 256 Ga. 10(5), 342 S.E.2d 684 (1986) (where State did not intentionally draw out reference to polygraph, and where trial court took swift action in giving curative instruction, court did not abuse its discretion in denying motion for mistrial). See also, e.g., Dorminey v. State, 258 Ga.App. 307, 309(1), 574 S.E.2d 380 (2002) (trial court did not abuse its discretion in denying motion for mistrial where trial court gave curative instruction in response to witness' "relatively insignificant reference to a polygraph").
3. Branchfield argues that the trial court erred by including the definition for armed robbery in its jury charge on felony murder when the indictment referred to only robbery as the underlying felony for the felony murder count. However, a review of the charge itself makes clear that the jury was specifically instructed on the elements of robbery alone in connection with the felony murder count, and that the inclusion of language relating to armed robbery later in the charge would not have confused the jury into believing that the underlying felony to support the felony murder count was armed robbery. See Whitaker v. State, 283 Ga. 521(5), 661 S.E.2d 557 (2008). Indeed, Branchfield was charged with armed robbery in an entirely separate count of the indictment from the felony murder count, and, considering the charge as a whole, it is not reasonably likely that the wording of the felony murder charge would have led the jury to believe otherwise. See Parker v. State, 282 Ga. 897(7), 655 S.E.2d 582 (2008) (considering charge as a whole, jury would not have been confused into believing that malice murder and felony murder charges were commingled); Nunnally v. State, 235 Ga. 693(5), 221 S.E.2d 547 (1975) (trial court
4. Branchfield urges that the trial court erred by instructing the jury on armed robbery three times—first, in connection with the felony murder charge; next, as the independent armed robbery offense charged in the indictment; and finally, as the predicate offense upon which the possession of a firearm during the commission of a crime charge was based. Branchfield does not contend that the armed robbery charges, in and of themselves, were erroneous, but instead claims that the unnecessary repetition of the armed robbery charge placed undue emphasis upon it such that her rights were impaired. Branchfield is incorrect.
As explained in Division 2, the mention of armed robbery in the same section of the charge that dealt with felony murder would not have confused the jury. Furthermore, the additional instructions on armed robbery were directly connected with the charges in the indictment that were based upon armed robbery.
(Citation and punctuation omitted.) Perry v. State, 276 Ga. 836, 838(2), 585 S.E.2d 614 (2003). We find no error. Id.
Judgment affirmed.
All the Justices concur.