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BIRT v. STATE

43146.

255 Ga. 693 (1986)

342 S.E.2d 303

BIRT v. THE STATE.

Supreme Court of Georgia.

Decided April 23, 1986.

Attorney(s) appearing for the Case

Millard C. Farmer, Jr., Joseph M. Nursey, Carla J. Friend, for appellant.

Richard A. Malone, District Attorney, for appellee.

PER CURIAM.

The appellant, Billy Sunday Birt, appeared before the Superior Court of Jefferson County for resentencing in a case in which the death penalty imposed upon Birt had been reversed. See Birt v. State, 236 Ga. 815 (225 S.E.2d 248) (1976).

At the initial hearing, on September 20, 1985, Birt informed the trial judge, Judge Walter McMillan, that he intended to file a motion to...

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