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Lawskills.com Georgia Caselaw
WYCHE v. THE STATE.
56692.
WEBB, Judge.
Revocation of probation. Bibb Superior Court. Before Judge Culpepper.
Rickey Wyche asserts that his probation revocation should be reversed because the trial judge overruled a motion for continuance filed by his attorney, and failed to rule on other motions filed by him pro se. There is no record before this court of any proceeding in which appellant's counsel asked for a continuance, and nothing appears as to what grounds, if any, existed or were urged. The record is also silent as to whether the state complied with the pro se motions for exculpatory information and list of witnesses, which were filed on appellant's behalf by another prisoner. Wyche's attorney did not insist on rulings on these motions, but called Wyche to the stand and elicited testimony that while he signed the documents prepared by prisoner Charles Drake, Drake volunteered to prepare and file them and never read them to Wyche, insinuating that Drake's motion for a speedy trial contributed to the denial of his own motion for continuance.
W. Donald Thompson, District Attorney, Willis B. Sparks, III, Assistant District Attorney, for appellee.
Herndon & Hubble, Robert E. Herndon, for appellant.
SUBMITTED OCTOBER 16, 1978 -- DECIDED NOVEMBER 2, 1978.
Saturday October 11 16:07 CDT


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