Wooten v. State

Quillian, Chief Judge.

This is an out-of-time appeal granted by a habeas court from the defendant’s conviction for aggravated assault and possession of a firearm by a convicted felon. On appeal defendant contends he did not knowingly, intelligently, or voluntarily waive his right to a jury trial and alleges that his counsel’s action waiving such jury trial was in violation of the Georgia Constitution, as well as the Sixth and Fourteenth Amendments to the U. S. Constitution. Held:

The State has moved to dismiss the appeal “or remand with instruction to hear further evidence” on the basis “that…