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Bailey v. State

Defendant waived his right to object to the trial court's failure to give his requested charge on impeachment.

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In Bailey v. State, 241 Ga. App. 497 526 SE2d 865 1999, we affirmed Bailey’s convictions for driving with no proof of insurance and driving with a suspended license, but remanded for re-sentencing. In Bailey v. State, Case Number S00C0610 May 1, 2000, the Supreme Court granted the appellant’s petition for writ of certiorari and remanded the case to consider further Bailey’s enumeration of error regarding a jury charge, in light of the court’s holdings in Lumpkin v. State, 249 Ga. 834, 835 1 295 SE2d 86 1982 and Tolver v. State, 269 Ga. 530, 533 5 500 SE2d 563 1998.

In that enumeration, Bailey asserts the trial court erred in failing to give his requests to charge on impeachment. Bailey waived this issue, however. After the trial court asked whether the parties had any exceptions to the charge, Bailey’s counsel responded, “No exceptions, Judge.”

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