Bacon v. State, 55874
| Decision Date | 29 June 1978 |
| Docket Number | No. 55874,55874 |
| Citation | 146 Ga.App. 468,246 S.E.2d 475 |
| Parties | BACON v. The STATE. |
| Court | Georgia Court of Appeals |
Robert M. Coker, Atlanta, for appellant.
Lewis R. Slaton, Dist. Atty., Joseph J. Drolet, Donald J. Stein, Asst. Dist. Attys., for appellee.
We held in Spillers v. State, 145 Ga.App. 809, 245 S.E.2d 54, that where a public defender is appointed for a defendant and given only a half day to prepare for trial, due to no fault of the defendant, the attorney's motion for a continuance should be granted. The special concurrence of Judge Banke in that case, herein adopted, is to the effect that if the fault in nonrepresentation lies with the defendant in failing to obtain or in firing an attorney at the last minute, this rule will not apply. In the present case, the facts are very skimpily set forth. It is obvious that the case had been called several times, that the defendant stated he had paid an attorney to represent him, that this attorney on several occasions asked to be and finally was excused on the day the case was called, that the defendant first chose to represent himself, pleading inability to pay, but after a conversation with the court was persuaded that it was to his advantage to use the services of the public defender. It is further established that immediately on the public defender accepting the case a jury was drawn the same afternoon, and the trial proceeded the next morning, the attorney's motion for continuance having been denied.
Under Spillers, supra, the public defender was given insufficient time to prepare the defense. We cannot say with any certainty that the fault of nonrepresentation lay with the defendant rather than his attorney.
Judgment reversed.
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Vincent v. State
...which was the basis for the motion, was directly attributable to defendant's recalcitrance and lack of diligence. See Bacon v. State, 146 Ga.App. 468, 246 S.E.2d 475 (1978); Shaw v. State, 251 Ga. 109, 111, 303 S.E.2d 448 (1983); Smith v. State, 194 Ga.App. 810, 392 S.E.2d 288 (1990). She c......
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Brookins, In re
...error." Id. See also Spillers v. State, 145 Ga.App. 809, 245 S.E.2d 54 and special concurrence at 811, 245 S.E.2d 54. In Bacon v. State, 146 Ga.App. 468, 246 S.E.2d 475, we adopted the concurring opinion of Spillers, stating "that if the fault in nonrepresentation lies with the defendant" h......
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Lewis v. State, A14A2132.
...in denying motion for continuance when defendant discharged attorney on day of trial and elected to proceed pro se); Bacon v. State, 146 Ga.App. 468, 246 S.E.2d 475 (1978) (if the fault in nonrepresentation lies with the defendant firing an attorney at the last minute, he will not be entitl......
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