NeSmith v. State

Court of Appeals of Georgia

NeSmith v. State

203 S.E.2d 866, 130 Ga. App. 547, 1974 Ga. App. LEXIS 1170

CourtCourt of Appeals of Georgia

DecidedJanuary 7, 1974

Docket48753

StatusPublished

This text of 203 S.E.2d 866 (NeSmith 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.

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NeSmith v. State, 203 S.E.2d 866, 130 Ga. App. 547, 1974 Ga. App. LEXIS 1170 (Ga. Ct. App. 1974).

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Opinion

Pannell, Judge.

Evidence of prior convictions and pleas of guilty of appellant in the form of certified copies were introduced in evidence without objection at his pre-sentence hearing. In the absence of challenges to these convictions and pleas of guilty, it is not incumbent upon the state to prove the appellant was represented by counsel in such prior cases. Philpot v. State, 128 Ga. App. 243 (3) (196 SE2d 358). We accordingly, must affirm the judgment of sentence, which is now attacked on the grounds the state failed to make such proof.

Judgment affirmed.

Eberhardt, P. J., and Stolz, J., concur.

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Pannell, Judge.

Evidence of prior convictions and pleas of guilty of appellant in the form of certified copies were introduced in evidence without objection at his pre-sentence hearing. In the absence of challenges to these convictions and pleas of guilty, it is not incumbent upon the state to prove the appellant was represented by counsel in such prior cases. Philpot v. State, 128 Ga. App. 243 (3) (196 SE2d 358). We accordingly, must affirm the judgment of sentence, which is now attacked on the grounds the state failed to make such proof.

Judgment affirmed.

Eberhardt, P. J., and Stolz, J., concur.

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203 S.E.2d 866, 130 Ga. App. 547, 1974 Ga. App. LEXIS 1170, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nesmith-v-state-gactapp-1974.

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