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STATE v. WARE

No. S07A1423.

653 S.E.2d 21 (2007)

The STATE v. WARE.

Supreme Court of Georgia.

November 5, 2007.

Attorney(s) appearing for the Case

Gwendolyn Keyes Fleming, Dist. Atty., Barbara Blaine Conroy, Deputy Chief Asst. Dist. Atty., Decatur; Thurbert E. Baker, Atty. Gen., Dept. of Law, Atlanta, for Appellant.

Douglas N. Peters, Virginia Whitehead Tinkler, Peters, Roberts, Borsuk & Rubin, P.A., Decatur, for Appellee.

CARLEY, Justice.

Appellee Melonie K. Ware was tried before a jury and found guilty of felony murder while in the commission of cruelty to a child. The trial court entered judgment of conviction and imposed a sentence of life imprisonment. Appellee filed a motion for new trial and, after an evidentiary hearing, the trial court granted the motion on the ground of ineffective assistance of trial counsel.

The State filed a notice of appeal based on OCGA §...

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