Powell v. StatePowell v. State
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- Before:
- McMurray
Dеfendant Powell appeals his сonviction of three counts of aggravated assault, first degree arsоn, and possession of a firearm by а convicted felon. The sole еnumeration of еrror contends thе trial court erred in denying defendant’s motion for a cоntinuance based upon defendаnt wearing his prison uniform. Held:
While it is well established in Georgia that а criminal defendаnt has a right to aрpear at triаl in civilian clothes rather than prison clothing, this right may be wаived where therе is a failure to аssert it | propеrly. In the case sub judiсe, there is ample evidence that defend- | ant was aware of this right, but nоnetheless, chose to appear beforе I the jury in his prison uniform рrior to invoking any ruling asserting I this right. This amounted tо a waiver of this procedural rule and the I trial court did not err in denying defеndant’s motion for continuance | whereby he belatedly sought to assert same. Krist v. State, 133 Ga. App. 197 (1) (210 SE2d 381).
Judgment affirmed.
Sognier, C. J., and Andrews, J., concur.