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Wedel v. State

Evidence presented at the new trial hearing supported the trial court's conclusion that it did not rule on the original defense counsel's motion to withdraw until after court was convened and the defendant was present.

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James Wedel was tried by a Cherokee County jury and found guilty of one count of child molestation.1 Wedel now appeals from the denial of his motion for a new trial, arguing that the trial court decided his lawyer’s motion to withdraw during an informal hearing from which Wedel was absent, and that this conduct violated his constitutional right to be present at all critical stages of the proceedings against him. We find no error and affirm.

Where, as here, an appeal from the grant or denial of a motion for a new trial involves a mixed question of law and fact, we employ two different standards of review. We review de novo the trial court’s decision as to any questions of law, while applying the clearly erroneous standard of review to any factual findings made by that court. State v. Wakefield, 324 Ga. App. 587 751 SE2d 199 2013. “In Georgia, it is well-settled that the ‘clearly erroneous’ standard for reviewing findings of fact is equivalent to the highly deferential ‘any evidence’ test.” Reed v. State, 291 Ga. 10, 13 3 727 SE2d 112 2012 citations omitted. Thus, we will uphold the trial court’s factual findings if there is any evidence to support them, and we defer to the trial court’s credibility determinations. See Cruz v. State, 305 Ga. App. 805, 808-809 2 700 SE2d 631 2010 “it is the function of the trial court at the hearing on the motion for new trial to determine witness credibility and to resolve any conflicts in the testimony” citation, punctuation and footnote omitted.

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