Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

CHERGI v. THE STATE.

BIRDSONG, Presiding Judge.

Paul Eugene Chergi appeals his conviction of possession of a firearm by a convicted felon, theft by receiving stolen property, financial transaction card theft, and violation of the GCSA — possession of cocaine. The sole error asserted is that the trial court erred by allowing a uniformed police officer to remain at the State's counsel's table throughout the trial. Held:

While acknowledging contrary precedent (e.g., Nunnally v. State, 235 Ga. 693 ( 221 S.E.2d 547); Herreras v. State, 190 Ga. App. 359 ( 379 S.E.2d 12)), Chergi nevertheless argues that uniformed police officers should not be allowed to sit at counsel table during presentation of the case. Chergi, without reference to the transcript, asserts that at the inception of the trial he objected to the policeman remaining in the courtroom during trial. Although not required to do so ( Manderson Assoc. v. Gore, 193 Ga. App. 723, 733 ( 389 S.E.2d 251)), we have reviewed the likely places in the transcript that such an objection would have been recorded and have found no such objection by Chergi's counsel. Instead, the transcript shows that after the prosecutor moved to allow the police officer to sit at counsel table during the presentation of the case, Chergi's counsel stated, "I don't object to the request by the D.A.'s office, though." As our review of the transcript did not show that this express waiver was withdrawn, this waiver of the issue leaves us nothing to review. Further, we cannot consider this argument which is being presented for the first time on appeal. Scott v. State, 243 Ga. 233, 234-235 ( 253 S.E.2d 698); Cooper v. State, 173 Ga. App. 254, 256 ( 325 S.E.2d 877).

Judgment affirmed. Pope and Cooper, JJ., concur.

DECIDED FEBRUARY 5, 1992.
Use AI to get other relevant cases.

Comments

CHERGI v. STATE
(Feb 5, 1992)