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SIMMONS v. STATE

No. S07A0429.

646 S.E.2d 55 (2007)

SIMMONS v. The STATE.

Supreme Court of Georgia.

Reconsideration Denied June 25, 2007.

Attorney(s) appearing for the Case

Ray Chandlar Smith, Richmond Hill, for Appellant.

Melissa Leigh Poole, Mark Alan Hendrix, Asst. Dist. Attys., John Thomas Durden Jr., Dist. Atty., Thurbert E. Baker, Atty. Gen., David Allan Zisook, Asst. Atty. Gen., for Appellee.

MELTON, Justice.

Following a jury trial in which the State sought the death penalty, Randy Simmons was found guilty of malice murder, felony murder, two counts of armed robbery, and aggravated assault.1 Prior to the start of the sentencing phase of his trial, Simmons entered into a sentencing agreement with the State, allowing him to avoid possible imposition of the death penalty. Simmons now appeals, contending among other things that...

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