Blue v. State, 54910
| Citation | 241 S.E.2d 36,144 Ga.App. 378 |
| Decision Date | 29 November 1977 |
| Docket Number | No. 54910,No. 1,54910,1 |
| Parties | Patricia BLUE v. The STATE |
| Court | United States Court of Appeals (Georgia) |
Bonzo C. Reddick, Savannah, for appellant.
Andrew J. Ryan, III, Dist. Atty., Kathryn M. Aldridge, Asst. Dist. Atty., Savannah, for appellee.
Defendant appeals her conviction as to three accusations of a misdemeanor in that she did unlawfully and intentionally cause physical harm to another by stamping upon the feet of three individuals. She was sentenced to serve 12 months on each accusation. Motion for new trial was filed and denied. Held :
The appeal is based solely on the complaint that the defendant was denied benefit of counsel and did not have a fair trial by reason thereof. The case was not transcribed at the trial and the defendant requested an extension of time for the filing of a stipulation of facts. Thereafter the court prepared a statement of facts under the authority of Code Ann. § 6-805(g) (Ga.L.1965, pp. 18, 24) because the attorneys for the state and defendant were unable to agree as to the correctness of the transcript of evidence and proceedings prepared from recollection. The law clearly states that when the parties are unable to agree as to the correctness of such transcript the decision of the trial judge thereon shall be final and not subject to review.
The statement of facts as prepared by the court shows clearly that the defendant was charged by accusation on three offenses. A defendant in a criminal prosecution which may result in deprivation of defendant's liberty is entitled to the assistance of counsel as guaranteed by the Sixth Amendment (Code § 1-806) of the United States Constitution. Argersinger v. Hamlin, 407 U.S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530. However, the record must disclose she voluntarily, knowingly and intelligently waived counsel and in doing so she must be advised of her right to counsel, if she cannot afford counsel, and the consequences of her refusal to accept counsel. The record does not disclose that the court investigated the indigency or explained to the defendant the consequences of her waiver. To be valid "such waiver must be made with an apprehension of the nature of the charges, the statutory offenses included within them, the range of allowable punishments thereunder, possible defenses to the charges and circumstances in mitigation thereof, and all other facts essential to a broad understanding of the matter." The trial judge must make certain (every reasonable presumption) that the defendant's professed waiver of counsel is understandingly and wisely made by a penetrating and comprehensive examination of all the circumstances under which the waiver was...
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Rogers v. State
...of his right to counsel, if he cannot afford counsel, and the consequences of his refusal to accept counsel. Blue v. State, 144 Ga.App. 378, 379, 241 S.E.2d 36 (1977). In the instant case, there is nothing in the record to indicate that the trial court so advised appellant. The trial court ......
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Weeks v. State
...trial court record did not show that he made a voluntary, knowing, and intelligent waiver of counsel as required under Blue v. State, 144 Ga.App. 378, 241 S.E.2d 36 (1977). In that case, the defendant declined to be tried by a jury. Here, the defendant was tried by a jury and the record cle......
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Miller v. State
...of his right to counsel, if he cannot afford counsel, and the consequences of his refusal to accept counsel. Blue v. State, 144 Ga.App. 378, 379, 241 S.E.2d 36 (1977). Appellant's actions in the instant case did not constitute a waiver of counsel; on the contrary, he specifically requested ......
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