Deal v. State

Pope, Chief Judge.

Defendant was convicted of theft by receiving stolen property. He appeals following the denial of his motion for new trial, contending in his sole enumeration of error that the trial court erred in holding a Jackson-Denno hearing in his absence to determine the admissibility of his statement.

On the morning of his trial, defendant, who was free on bond, did not appear. Although counsel and the court thought defendant might be in the hospital, no one knew for certain where he was, and defendant’s attorney could not and would not waive his presence at the trial. A bench warrant…