McCollum v. State

Pope, Judge.

Following a bench trial, defendant Kent McCollum was convicted of the offenses of driving under the influence of alcohol, fleeing and eluding arrest and reckless driving. He obtained new counsel and moved for a new trial on the ground he was denied his constitutional right to a trial by jury and was denied effective assistance of counsel. Defendant appeals the order denying his motion for new trial.

1. At the hearing on defendant’s motion for new trial, defendant’s trial counsel testified the case had appeared on the trial calendar possibly three times but had not been reached. The…