Hill v. State
Annotate this CaseDefendant was indicted for malice murder, an alternative count of felony murder during the commission of aggravated assault and possession of a firearm by a convicted felony, and a separate count charging the underlying weapons offense. After a jury trial, defendant was acquitted of malice murder and found guilty of both remaining counts. Following the grant of an out-of-time appeal, a motion for new trial was denied. However, the trial court vacated the separate sentence on the weapons charge pursuant to a concession by the State. Defendant appealed. The court rejected defendant's contention that his right to be present at all stages of the trial was violated when trial counsel waived his presence without his consent where defendant had waived this right. The court also held that defendant waived his rights in regards to his contention that an officer improperly commented on his right to remain silent. The court also rejected defendant's complaint of two omissions from the trial court's jury instructions on felony murder, contention that the trial court erred in giving jury instructions on his justification defense, and contention that the trial court abused its discretion in failing to allow him to stipulate to his status as a convicted felon. Finally, the court held that trial counsel was not ineffective. Accordingly, the judgment was affirmed.
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