NeSmith v. State

Full title: NeSMITH v. THE STATE

Court: Court of Appeals of Georgia

Date published: Jan 7, 1974

203 S.E.2d 866 (Ga. Ct. App. 1974)

203 S.E.2d 866

Opinion

48753.

SUBMITTED NOVEMBER 8, 1973.

DECIDED JANUARY 7, 1974.

Vehicle theft. Muscogee Superior Court. Before Judge Davis.

Jay Wm. Fitt, for appellant.

E. Mullins Whisnant, District Attorney, J. Gray Conger, for appellee.

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 S.E.2d 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.

PANNELL, Judge.

SUBMITTED NOVEMBER 8, 1973 — DECIDED JANUARY 7, 1974.