STATE v. SIMMONS

S90A0144.

260 Ga. 92 (1990)

390 S.E.2d 43

THE STATE v. SIMMONS.

Supreme Court of Georgia.

Decided April 12, 1990.


Attorney(s) appearing for the Case

Edward D. Lukemire, District Attorney, Robert E. Turner, Assistant District Attorney, for appellant.

Herbert L. Wells, Terry T. Everett, Sonya J. Calhoun, for appellee.

Michael J. Bowers, Attorney General, Andrew S. Ree, amicus curiae.


BELL, Justice.

The state appeals from an order of the trial court suppressing a statement made by the appellee, Dwight L. Simmons. Simmons made the statement at a first-appearance hearing, see Uniform Rules for the Magistrate Courts (URMC) 13.1, at which he was not represented by counsel. The only issue on appeal is whether Simmons had a Sixth Amendment right to have counsel present at the first-appearance hearing. We find Simmons did not have such a right, and we...

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