PETTY v. SMITH

No. S05A0395.

612 S.E.2d 276 (2005)

279 Ga. 273

PETTY v. SMITH.

Supreme Court of Georgia.

April 26, 2005.


Attorney(s) appearing for the Case

Henry Allen Hibbert, Cromwell & Hibbert, Atlanta, for Appellant.

Thurbert E. Baker, Atty. Gen., Jill Maureen Zubler, Chad Eric Jacobs, Asst. Atty. Gen., for Appellee.

Sarah L. Gerwig, Atlanta, for Amicus Curiae.


HUNSTEIN, Justice.

Rico D. Petty petitioned for habeas corpus contending, inter alia, that he received ineffective assistance of counsel in that his decision to plead guilty to felony murder and aggravated assault was based on counsel's misunderstanding of the law of merger. The habeas corpus court denied Petty's petition and we granted him a certificate of probable cause to appeal that ruling. For the following reasons, we reverse.

The record reveals that...

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