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COLE v. STATE

S20A1377.

852 S.E.2d 533 (2020)

COLE v. The STATE.

Supreme Court of Georgia.

Decided: December 7, 2020.

Attorney(s) appearing for the Case

Bobby Jay Cole , GDC#633034, Wheeler Correctional Facility, P.O. Box 466, Alamo, Georgia 30411, Attorneys for the Appellant.

Patricia B. Attaway Burton , Deputy Attorney General, Paula Khristian Smith , Senior Assistant Attorney General, Meghan Hobbs Hill , Assistant Attorney General, Christopher M. Carr , Attorney General, Department of Law, 40 Capitol Square, S.W., Atlanta, Georgia 303344300, Herbert E. Franklin, Jr. , District Attorney, Lookout Mountain Judicial Circuit District Attorney's Office, 114 East Patton Street, LaFayette, Georgia 30728, Megan Camille Gaither , Lookout Mountain Judicial Circuit District Attorney's Office, 7694 Nashville Street, Ringgold, Georgia 30736, Attorneys for the Appellee.

Appellant Bobby Jay Cole appeals from the trial court's summary denial of his motion for out-of-time appeal from his murder and armed robbery convictions. Because the trial court did not hold a hearing to determine whether Cole was deprived of his right to appeal due to the constitutionally ineffective assistance of his plea counsel...

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