Wilkins v. State

Pope, Presiding Judge.

Defendant Lester Bebee Wilkins was convicted by a jury of two counts of arson in the first degree. At sentencing, the trial court merged Count 2 into Count 1. Wilkins appeals following the denial of his motion for new trial.

1. Relying on Cuzzort v. State, 271 Ga. 464 (519 SE2d 687) (1999), Wilkins contends the trial court erred by calling the case out of the order listed on the trial calendar. We find no error. Cuzzort clearly stands for the proposition that the trial judge has discretion under OCGA § 17-8-1 to call a case out of order. Id. at 465 (3). Moreover, in order…