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SIMMONS v. STATE

Nos. S03A0013, S03A0014.

579 S.E.2d 735 (2003)

276 Ga. 525

SIMMONS v. The STATE. Simmons v. The State (Two Cases).

Supreme Court of Georgia.

April 29, 2003.

Attorney(s) appearing for the Case

Franklin L. Simmons, Oglethorpe, pro se.

David McDade, Dist. Atty., Christopher R. Johnson, Asst. Dist. Atty., Thurbert E. Baker, Atty. Gen., Madonna M. Heinemeyer, Asst. Atty. Gen., for appellee.

BENHAM, Justice.

Appellant Franklin Lamar Simmons, convicted of murder and sentenced to life imprisonment in 1972, filed a motion for out-of-time appeal in May 2002 in which he asserted, among other things, that he had lost his right to direct appeal because trial counsel had coerced him into withdrawing a timely-filed motion for new trial.1 The trial court denied the motion for out-of-time appeal, and Case No. S03A0014 is appellant's...

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