McJunkin v. State

405 S.E.2d 110, 199 Ga. App. 353, 1991 Ga. App. LEXIS 472

Opinions

Beasley, Judge.

Defendant was convicted of possession with intent to distribute a controlled substance, OCGA § 16-13-30 (b), and driving under the influence of alcohol, OCGA § 40-6-391. His two enumerations of error complain of the ineffectiveness of his trial counsel.

On appeal defendant is represented by new counsel who filed his notice of appeal 19 days after entry of judgment against him, but did not file a motion for new trial. For this reason, the question of whether his trial counsel was ineffective was not presented to the trial court. Where such error was not asserted in the trial court but was raised for the first time on appeal, there is no issue for an appellate court to review. Scott v. State, 193 Ga. App. 577, 580 (4) (388 SE2d 416) (1989); White v. State, 192 Ga. App. 703 (386 SE2d 56) (1989); Huff v. State, 191 Ga. App. 476, 477 (2) (382 SE2d 183) (1989); Gardiner v. State, 252 Ga. 422, 423 (2) (314 SE2d 202) (1984); Simpson v. State, 250 Ga. 365, 367 (2) (297 SE2d 288) (1982). See Bell v. State, 259 Ga. 272 (381 SE2d 514) (1989); Thompson v. State, 257 Ga. 386, 387 (2) (359 SE2d 664) (1987); Smith v. State, 192 Ga. App. 246, 247 (2) (384 SE2d 451) (1989). Cf. Weems v. State, 196 Ga. App. 429 (3) (395 SE2d 863) (1990); Ponder v. State, 260 Ga. 840 (400 SE2d 922) (1991).

Judgment affirmed.

Andrews, J., concurs. Pope, J., concurs specially.