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NEWBY v. STATE

No. A03A0385.

581 S.E.2d 659 (2003)

261 Ga. App. 96

NEWBY v. The STATE.

Court of Appeals of Georgia.

Reconsideration denied May 2, 2003.

Attorney(s) appearing for the Case

Martin B. Newby, pro se.

Robert E. Keller, Dist. Atty., Jane E. Grabowski, Asst. Dist. Atty., for appellee.

SMITH, Chief Judge.

Martin Benjamin Newby was convicted of child molestation, and his conviction was affirmed by this court in Newby v. State, 255 Ga.App. 356, 565 S.E.2d 565 (2002). After remittitur, Newby filed a pro se "Petition to Correct Void Judgment" alleging that the trial court improperly considered a prior conviction in sentencing. The trial court denied the petition, observing...

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