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CHEEKS v. STATE

No. A13A1527.

750 S.E.2d 753 (2013)

CHEEKS v. The STATE.

Court of Appeals of Georgia.

Reconsideration Denied December 10, 2013.

Attorney(s) appearing for the Case

Thomas Sterling Robinson III , for Appellant.

Paul L. Howard Jr. , Paige Reese Whitaker , Arthur Conley Walton , for Appellee.

BOGGS, Judge.

Dontavius Cheeks was convicted of rape and false imprisonment. His amended motion for new trial was denied, and he appeals. He asserts as his sole enumeration of error the ineffective assistance of trial counsel in failing to object to argument by the State regarding Cheeks' silence and failure to come forward to police. We agree with the trial court that counsel was ineffective in failing to object to this testimony, but disagree with the trial court...

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