BURCH v. STATE

No. S13A0761.

750 S.E.2d 141 (2013)

293 Ga. 816

BURCH v. The STATE.

Supreme Court of Georgia.

October 21, 2013.


Attorney(s) appearing for the Case

Burch, pro se, for appellant.

Patricia B. Attaway Burton , Senior Asst. Atty. Gen., Paula Khristian Smith , Senior Asst. Atty. Gen., Samuel S. Olens , Atty. Gen., Department of Law, Atlanta, Rebecca Ashley Wright , Dist. Atty., Madonna Marie Little , Asst. Dist. Atty., Augusta Judicial Circuit District Attorney's Office, Augusta, for the appellee.


BLACKWELL, Justice.

In November 1995, Levon Burch entered a plea of guilty and was convicted of murder, armed robbery, and aggravated assault. More than 16 years later, he filed a motion for leave to bring an out-of-time appeal from his conviction. The trial court found, however, that "the issues [that Burch sought to raise in his out-of-time appeal] cannot be determined wholly by reference to the record," and for that reason, it denied his motion. From that denial...

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