474 S.E.2d 231 | Ga. Ct. App. | 1996
Defendant was tried before a jury on charges asserted in a multi
After determining that defendant’s four separate acts of first degree forgery merged with his RICO violation, the trial court entered a judgment of conviction and sentences on the jury’s verdicts. Defendant filed this appeal, with assistance of counsel. Held:
1. Defendant posted a letter to the clerk of this Court, pro se, requesting additional time to “supplement” and “support [his] attorneys (sic) brief.”
A party does not have a right to be represented by counsel and also represent himself on appeal. Boyd v. State, 195 Ga. App. 758, 759 (395 SE2d 7). We therefore only consider the enumerations of error and brief presented by counsel when a party is represented by counsel on appeal. Clemmons v. State, 210 Ga. App. 632 (437 SE2d 350). Consequently, in the case sub judice, there would be no use in granting defendant’s request for an extension of time to file a supplemental brief, pro se. Accordingly, defendant’s request for additional time to file such a supplemental brief is hereby denied.
2. Defendant contends the trial court erred in allowing an investigating officer’s testimony that a motel clerk’s physical description of the man who checked into the motel room (where officers found forged documents bearing defendant’s photograph) matched defendant’s physical description. Defendant argues that this testimony was hearsay and that its admission was harmful error because the officer’s statement regarding the clerk’s report was the only testimony linking defendant to the motel room where the forged documents were discovered.
While the officer’s testimony may have been erroneously admitted, Teague v. State, 252 Ga. 534 (1) (314 SE2d 910), we find it highly probable that its admission did not contribute to the jury’s verdict. See Johnson v. State, 238 Ga. 59, 61 (230 SE2d 869). After all, viewed in context, the officer simply conveyed the motel clerk’s description of the man who checked into the motel room, nothing more. The officer did not say that the motel clerk identified defendant as the man who
Judgment affirmed.