Johnson v. State

Webb, Judge.

On a previous appearance of this case the state conceded "that error was committed in the sentencing phase of the trial when prior convictions which did not show that Johnson had assistance of counsel, or a waiver thereof, were introduced in aggravation of punishment,” and we reversed on that issue only. Johnson v. State, 138 Ga. App. 431 (2) (226 SE2d 291) (1976). The facts will not be repeated here.

At the new trial on the issue of sentence, appellant moved that the trial judge recuse himself to permit appellant to be sentenced by another judge who had not heard any evidence of…