State v. Smalls

Birdsong, Presiding Judge.

The State of Georgia appeals the suppression of evidence in this trial of Vincent Smalls for possession of cocaine with intent to distribute. The record shows that Smalls’ motion to suppress originally was dismissed for failure of counsel to appear at hearing in November 1989. New counsel was appointed in February 1990 and trial of the case was convened April 25, 1990. At the call of the case, Smalls’ new counsel resurrected the motion to suppress. The trial judge heard the motion after the jury was impaneled and sworn and suppressed the evidence upon a finding that…