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HARRELL v. STATE

No. A02A1493.

571 S.E.2d 502 (2002)

257 Ga. App. 525

HARRELL v. The STATE.

Court of Appeals of Georgia.

September 20, 2002.

Attorney(s) appearing for the Case

Alan B. Fecteau, for appellant.

Michael H. Crawford, Dist. Atty., E. Jay McCollum, Asst. Dist. Atty., for appellee.

ELLINGTON, Judge.

Randall Blair Harrell appeals the trial court's order denying his motion for an out-of-time appeal of his 1997 convictions in Habersham County of statutory rape, OCGA § 16-6-3, and child molestation, OCGA § 16-6-4. For the reasons which follow, we reverse and remand with direction.

The denial of a motion for an out-of-time appeal is a matter within the discretion of the trial court, and the trial court's decision will not be reversed...

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