CAIN v. STATE

No. S02A1332.

573 S.E.2d 46 (2002)

275 Ga. 784

CAIN v. The STATE.

Supreme Court of Georgia.

November 25, 2002.


Attorney(s) appearing for the Case

R. Gary Spencer, Atlanta, for appellant.

Paul L. Howard, Jr., Dist. Atty., Bettieanne C. Hart, Asst. Dist. Atty., Thurbert E. Baker, Atty. Gen., Adam M. Hames, Asst. Atty. Gen., for appellee.


HUNSTEIN, Justice.

Marvin Cain appeals from the denial of his motion for an out of time appeal from his murder conviction. Finding that the document Cain filed constituted the "functional equivalent" of a timely-filed notice of appeal, we reverse the trial court and remand the case with direction that Cain be allowed to proceed with his direct appeal.

Cain was convicted of malice murder on May 20, 1997. He timely...

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