McJunkin v. State

Court of Appeals of Georgia

McJunkin v. State

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

CourtCourt of Appeals of Georgia

DecidedMarch 15, 1991

DocketA90A1608

StatusPublished

Cited by6 cases

This text of 405 S.E.2d 110 (McJunkin v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McJunkin v. State, 405 S.E.2d 110, 199 Ga. App. 353, 1991 Ga. App. LEXIS 472 (Ga. Ct. App. 1991).

Pincite

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

Cite This Page — Counsel Stack

Bluebook (online)

405 S.E.2d 110, 199 Ga. App. 353, 1991 Ga. App. LEXIS 472, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcjunkin-v-state-gactapp-1991.

Opinions

Related

Cite This Page — Counsel Stack