Hight v. State
308 Ga. App. 595
| Ga. Ct. App. | 2011Background
- In 1974 Hight was convicted of rape, aggravated sodomy, and kidnapping with bodily injury and sentenced to three consecutive life terms.
- Hight declined trial representation and did not file a motion for new trial or a direct appeal after conviction.
- In December 2008, Hight, pro se, filed an extraordinary motion for new trial, a motion to correct void illegal sentences, and a motion to expunge blank/untried indictments, plus a motion for counsel.
- The trial court denied the motions without a hearing on April 30, 2009; Hight sought appellate review, with the matter eventually docketed in this Court in 2010 after transfers between Georgia courts.
- The Court held that the extraordinary motion for new trial was properly denied due to Hight’s choice to refuse appointed counsel; the asserted illegality of the sentence was rejected; and the expungement/indictment issues were procedurally deficient or waived.
- The State introduced five prior convictions at sentencing, and Hight did not object to their admission.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether extraordinary motion for new trial was properly denied | Hight argues he was forced to represent himself and lacked knowledge of disadvantages of self-representation | State contends Hight’s refusal to accept counsel created no good reason for extraordinary motion | Denied; no good reason shown; denial affirmed. |
| Whether the three consecutive-life sentences were legally correct | Hight contends the sentence was illegal | Sentences were within law as of 1974 | Correct; sentences affirmed. |
| Whether the expungement/indictment procedures were properly handled | Hight sought expungement of blank/untried indictments and exclusion of evidence | OCGA 35-3-37(c) not complied with; evidence claim not properly raised | Expungement procedures not satisfied; affirmed. |
| Whether admission of untried indictments at sentencing was error or waived | Challenge to admission of five prior convictions used for aggravation | Hight did not object; issue waived | Waived; admission supported by record. |
Key Cases Cited
- Franz v. State, 208 Ga.App. 677 (Ga. App. 1993) (late extraordinary motion may be based on reasons other than newly discovered evidence)
- Cannon v. State, 175 Ga.App. 741 (Ga. App. 1985) (forfeiture of appeal by the defendant’s own conduct)
- Henderson v. State, 285 Ga. 240 (Ga. 2009) (waiver applies when no objection to admission of evidence)
- Thomas v. State, 305 Ga.App. 801 (Ga. App. 2010) (affirming waiver for during sentencing evidence objections)
- Regent v. State, 306 Ga.App. 616 (Ga. App. 2010) (jurisdiction to review judgments following appointment motions)