Fictum v. State

Pope, Judge.

Charles W. Fictum, a resident of Indiana, was convicted of speeding and driving under the influence of alcohol. He appeals the denial of ,his motion for new trial because of (1) insufficiency of the evidence and (2) his absence during jury selection.

1. The testimony of the arresting officer was sufficient to support the guilty verdict. See Howell v. State, 179 Ga. App. 632 (1) (347 SE2d 358) (1986).

2. Nevertheless, we agree that Fictum is entitled to a new trial, because the trial court proceeded with jury selection in his absence even though he neither waived his right to be…