Coggins v. State, 66731
| Decision Date | 13 September 1983 |
| Docket Number | No. 66731,66731 |
| Citation | 308 S.E.2d 36,168 Ga.App. 12 |
| Parties | COGGINS v. The STATE. |
| Court | Georgia Court of Appeals |
Joseph Coggins, pro se.
Harrison Kohler, Asst. Dist. Atty., Dupont K. Cheney, Dist. Atty., for appellee.
The defendant was convicted in Tattnall County of the offense of mutiny in a penal institution. He was an inmate at Reidsville State Prison at the time of the offense and was represented pro se at trial. Held:
1. In his initial assignment of error, the defendant contends that his motion for a preliminary hearing was improperly denied. The defendant's indictment on October 19, 1982, preceded his motion for a preliminary hearing on November 9, 1982. "[A]fter indictment and subsequent conviction the lack of a [preliminary] hearing will not be construed as reversible error." State v. Middlebrooks, 236 Ga. 52(2), 222 S.E.2d 343 (1976); Anderson v. State, 249 Ga. 132(4), 287 S.E.2d 195 (1982).
2. Defendant's contention that the constitutional prohibition against double jeopardy was violated because he had already been subjected to administrative punishment for the same act is without merit. Carruth v. Ault, 231 Ga. 547, 203 S.E.2d 158 (1974); Hendrickson v. State, 159 Ga.App. 628(1), 284 S.E.2d 645 (1981).
3. During voir dire, upon general qualification questioning by the state's attorney, one of the jurors remarked that "it's a waste of my time and the court's time to be here." The trial court disqualified the juror and excused him. The defendant maintains on appeal that the trial court should have declared a mistrial even though he interposed no objection whatsoever to the juror's comment or the court's action. It is well settled that this court will not consider issues raised for the first time on appeal. See Perault v. State, 162 Ga.App. 294(2), 291 S.E.2d 122 (1982).
4. The trial court properly received evidence that the defendant was confined as the result of a conviction for armed robbery and kidnapping. This status was a necessary element of the offense of mutiny in a penal institution. The evidence was both relevant and admissible to prove this fact. See Hendrickson v. State, supra 159 Ga.App. at 629, 284 S.E.2d 645, Division 5. The trial court also received evidence, over objection, that the defendant had previously been convicted of three counts of mutiny in a penal institution. French v. State, 237 Ga. 620, 621, 229 S.E.2d 410 (1976). Such evidence is admissible to prove "identity, bent of mind, course of conduct, etc. [and] it is perfectly proper to introduce a certified copy of the indictment and...
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