State v. Elliott

BRITT, Judge.

First, defendant contends the court erred in hearing the motion to activate his suspended sentence because he was not represented by counsel. We find no merit in this contention.

Defendant does not contend that he was indigent and that an attorney should have been appointed for him. He argues that he had employed an attorney from another county to represent him and that the attorney was unable to appear at the hearing because of involvement in a trial in that county.

The record reveals: When this cause was before Judge Exum during the first week of the session, defendant advised…