Harper v. State

Benham, Judge.

Appellant was convicted of two counts of armed robbery. On appeal, his sole enumeration of error is that the trial court erred in explaining to the jury out of the presence of defense counsel the purpose of a Jackson-Denno hearing. Appellant alleges that the explanation constituted an expression of the court’s opinion as to the voluntariness of appellant’s statement, in violation of OCGA § 17-8-55.

Appellant was permitted to represent himself at trial with the assistance of John 0. Ellis, a public defender. The trial transcript reflects that, upon the return of the jury to the…