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ALLEN v. STATE

No. S03A1256.

587 S.E.2d 23 (2003)

277 Ga. 130

ALLEN v. The STATE.

Supreme Court of Georgia.

September 22, 2003.

Attorney(s) appearing for the Case

Jody E. Allen, Oglethorpe, pro se.

Dennis C. Sanders, Dist. Atty., Thurbert E. Baker, Atty. Gen., Paula K. Smith, Senior Asst. Atty. Gen., for appellee.

SEARS, Presiding Justice.

The appellant, Jody Allen, appeals from the trial court's denial of his motion for out-of-time appeal. However, because Allen waived his right to appeal as part of his plea agreement with the State,1 Allen was not entitled to seek an appeal, and the trial court properly denied his motion for out-of-time appeal. Accordingly, we affirm the trial court's judgment.

Judgment affirmed.

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