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SMITH v. STATE

No. A10A2204.

709 S.E.2d 823 (2011)

309 Ga. App. 241

SMITH v. The STATE.

Court of Appeals of Georgia.

Reconsideration Denied April 12, 2011.

Attorney(s) appearing for the Case

Copeland, Haugabrook & Walker, Tyrone Nathaniel Haugabrook , John G. Edwards , for appellant.

Richard Ernest Currie , Dist. Atty., John Andrew Rumker , Asst. Dist. Atty., for appellee.

ADAMS, Judge.

Earnest Lee Smith appeals the trial court's denial of his motion for new trial after a jury convicted him on one count of aggravated assault. Smith does not contest that the evidence was sufficient to support his conviction. Rather, he asserts that he is entitled to a new trial on the following grounds: (1) prosecutorial misconduct; (2) newly discovered evidence; (3) ineffective assistance of counsel; and (4) the trial court's failure to hold a pre-sentencing...

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