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Donnelly v. State

Court of Appeals of Georgia
May 25, 1983
306 S.E.2d 15 (Ga. Ct. App. 1983)

Opinion

66124.

DECIDED MAY 25, 1983.

Escape. Chatham Superior Court. Before Judge Cheatham.

E. Malcolm Corbett, Jr., for appellant.

Michael E. Donnelly, pro se. Michael J. Bowers, Attorney General, for appellee.


The defendant appeals his conviction for escape. Held:

It is contended that the trial judge should have granted the defendant, who was acting pro se, a continuance because he had not had access to the prison law library and that it was also error not to give him additional time at the prison library.

There was testimony from which the trial judge was authorized to find that the defendant was permitted to use the law library on two occasions and on each occasion failed to diligently pursue the study of law but occupied himself with frivolous pastimes.

As held in Myron v. State, 248 Ga. 120, 121 ( 281 S.E.2d 600): "Although a defendant in a criminal proceeding has a right of self-representation ( Burney v. State, 244 Ga. 33 (2) ( 257 S.E.2d 543) (1979)), this does not carry with it the concomitant right to a legal education prior to trial."

In Ford v. State, 164 Ga. App. 620 ( 298 S.E.2d 327) where it was alleged that counsel had not had sufficient time to prepare for trial, this court noted: "No showing having been made as to how additional time would have benefited appellant or how lack of more time harmed him, we find no abuse of discretion in the denial of the motion for continuance."

Under the circumstances here we find no basis for reversal.

Judgment affirmed. Sognier and Pope, JJ., concur.

DECIDED MAY 25, 1983.


Summaries of

Donnelly v. State

Court of Appeals of Georgia
May 25, 1983
306 S.E.2d 15 (Ga. Ct. App. 1983)
Case details for

Donnelly v. State

Case Details

Full title:DONNELLY v. THE STATE

Court:Court of Appeals of Georgia

Date published: May 25, 1983

Citations

306 S.E.2d 15 (Ga. Ct. App. 1983)
166 Ga. App. 694

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