Pruitt v. State

3 Citing cases

  1. Alvarado v. State

    360 Ga. App. 113 (Ga. Ct. App. 2021)   Cited 5 times

    (Emphasis supplied.) Pruitt v. State , 354 Ga. App. 73, 76 (2), 840 S.E.2d 597 (2020).Smith also notes that, unlike the Georgia Constitution, the "federal constitutional right to be present is subject to harmless error review on direct appeal."

  2. Green v. State

    358 Ga. App. 843 (Ga. Ct. App. 2021)   Cited 7 times

    Burney v. State , 299 Ga. 813, 820 (3) (b), 792 S.E.2d 354 (2016). Although Green bears the burden of showing he was denied the right to be present at the bench conference, the State bears the burden to show he waived that right. Pruitt v. State , 354 Ga. App. 73, 76 (2), 840 S.E.2d 597 (2020). Our analysis of whether Green acquiesced in the waiver of his right to be present is fact-intensive, and the trial court's findings of fact are upheld unless clearly erroneous.

  3. State v. Stanford

    356 Ga. App. 594 (Ga. Ct. App. 2020)   Cited 3 times
    In State v. Stanford, 356 Ga. App. 594, 848 S.E.2d 465 (2020), we affirmed the partially suspended sentence of Appellee Antwon Rashaad Stanford.

    We review whether a defendant has been properly sentenced as a recidivist de novo. Pruitt v. State , 354 Ga. App. 73, 74 (1), 840 S.E.2d 597 (2020). OCGA ยง 17-10-7, which is the general recidivist statute, provides in pertinent part as follows: