SMALL v. STATE

No. A07A0707.

646 S.E.2d 292 (2007)

SMALL v. The STATE.

Court of Appeals of Georgia.

Reconsideration Denied May 18, 2007.


Attorney(s) appearing for the Case

William J. Mason, for appellant.

J. Gray Conger, District Attorney, William D. Kelly Jr., Assistant District Attorney, for appellees.


PHIPPS, Judge.

Herbert Small was convicted of numerous offenses and was given a mandatory sentence of life imprisonment, without parole. He claims that the trial court erred by conducting a sentencing discussion outside his presence. We find no merit in Small's claim and therefore affirm.

During jury deliberations, the trial court and counsel engaged in a discussion when Small was absent from the courtroom. The discussion involved whether a mandatory sentencing...

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