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Goodman v. State

Defendant waived his right to be present at trial and his right to confront or present witnesses when he failed to appear without an excuse.

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Gene Nelson Goodman was convicted of three counts of selling cocaine. Acting pro se, he appeals, asserting several enumerations of error. As these enumerations are without merit, we affirm.

1. In his first enumeration, Goodman argues that the trial judge departed from his judicial role by allowing “a jury to convene under the direction of the State,” and by allowing him to be tried and sentenced even though he was not present during the proceedings. On Monday, August 28, 2000, the day scheduled for trial, Goodman appeared pro se and announced that he was not ready. The court discussed various issues with Goodman and informed him that trial would begin, even in his absence, three days later on Thursday, August 31, to which Goodman responded, “I’m going to be present, Your Honor.” Without excuse Goodman did not appear, and the court conducted the trial in his absence.

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