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KIMBROUGH v. STATE

S16A1610.

796 S.E.2d 694 (2017)

KIMBROUGH v. The STATE.

Supreme Court of Georgia.

Decided: February 6, 2017.

Attorney(s) appearing for the Case

Benny Earl Kimbrough , GDC # 1212491, Ware State Prison, 3620 Harris Road, Waycross, Georgia 31405, for Appellant.

Patricia B. Attaway Burton , Deputy Attorney General, Paula Khristian Smith , Senior Assistant Attorney General, Samuel S. Glens , Attorney General, Department of Law, 40 Capitol Square, S.W., Atlanta, Georgia 30334, Elizabeth A. Baker , Deputy Chief A.D.A., Tracy Graham Lawson , District Attorney, Clayton County District Attorney's Office, Harold R Banke Justice Center, 9151 Tara Boulevard, Jonesboro, Georgia 30236, for Appellee.

Benny Kimbrough appeals the trial court's order denying his 2015 motion to vacate as void his sentence of life in prison without the possibility of parole, which was imposed under OCGA § 17-10-7 (b) for a murder he committed in 2004 after being convicted of kidnapping in Florida in 1994. We affirm.

1. On February 24...

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