SMITH v. STATE

No. S96A0015.

470 S.E.2d 436 (1996)

266 Ga. 687

SMITH v. The STATE.

Supreme Court of Georgia.

May 20, 1996.


Attorney(s) appearing for the Case

Marvin Smith, Reidsville, Pro Se.

William T. McBroom, III, Dist. Atty., Griffin, Michael J. Bowers, Atty. Gen., Susan V. Boleyn, Senior Asst. Atty. Gen., Beth Attaway, Asst. Atty. Gen., Atlanta, for State.

Daniel A. Hiatt, Asst. Dist. Atty., Griffin.


CARLEY, Justice.

After Marvin Smith pled guilty to two counts of murder, he did not file a timely direct appeal. He subsequently filed a motion for an out-of-time appeal, contending that trial counsel rendered ineffective assistance since Smith was not informed of his right to appeal. Smith appeals from the trial court's denial of his motion for an out-of-time appeal.

An out-of-time appeal is appropriate where, as the result of ineffective assistance of counsel...

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