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MARTIN v. ASTUDILLO

No. S06A0401.

627 S.E.2d 34 (2006)

280 Ga. 295

MARTIN v. ASTUDILLO.

Supreme Court of Georgia.

February 27, 2006.

Attorney(s) appearing for the Case

Thurbert E. Baker, Atty. Gen., Vonnetta Leatrice Benjamin, Asst. Atty. Gen., William P. Rowe, III, Ellijay, for Appellant.

Martin Astudillo, Buford, pro se.

CARLEY, Justice.

A jury found Martin Astudillo guilty of rape, armed robbery, burglary and kidnapping. His trial attorney was a Fulton County public defender. When, after trial, that lawyer resigned and accepted employment elsewhere, another attorney in the public defender's office filed and argued Astudillo's motion for new trial, in which the effectiveness of trial counsel was never challenged. The trial court denied the motion for new trial, and, when the second...

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