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SMITH v. STATE

No. S97A1801.

494 S.E.2d 668 (1998)

269 Ga. 21

SMITH v. The STATE.

Supreme Court of Georgia.

January 26, 1998.

Attorney(s) appearing for the Case

Charles P. Smith, Jr., Hardwick, for Charles Parson Smith, Jr.

Deborah Lynn Gale, Asst. Atty. Gen., Paula K. Smith, Senior Asst. Atty. Gen., Department of Law, Atlanta, for the State.

FLETCHER, Presiding Justice.

Charles Parson Smith, Jr., entered a plea of guilty in 1995 to felony murder in connection with the shooting death of Bettie Holmes. In 1997, he filed a motion for an out-of-time appeal on the grounds that his lawyer never advised him of his right to appeal his conviction. The trial court denied the motion and we affirm.

An out-of-time appeal is granted in this state when a defendant has the right to file a direct appeal, but is...

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