(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."
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.
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: