BIGGS v. STATE

No. A12A2183.

737 S.E.2d 734 (2013)

319 Ga. App. 631

BIGGS v. The STATE.

Court of Appeals of Georgia.

January 31, 2013.


Attorney(s) appearing for the Case

Christopher Gordon Paul , Cartersville, for Appellant.

Thomas Joseph Campbell , Calhoun, Jana Willingham Allen , Rosemary M. Greene , for Appellee.


McFADDEN, Judge.

Pursuant to the grant of an out-of-time appeal, Joey Biggs appeals from the denial of his motion to withdraw a guilty plea. Biggs claims that his post-conviction counsel was ineffective at the hearing on the motion to withdraw.

But he never raised that claim in the trial court. A claim of ineffectiveness must be raised at the earliest practical moment. And because Biggs was represented by his present counsel when the out-of-time appeal was...

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