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SIMS v. STATE

No. A04A0063.

600 S.E.2d 613 (2004)

267 Ga.App. 572

SIMS v. The STATE.

Court of Appeals of Georgia.

Reconsideration Denied May 25, 2004.

Attorney(s) appearing for the Case

Jo Nesset-Sale, Atlanta, for appellant.

Kenneth W. Mauldin, District Attorney, Patricia K. Atwill, Assistant District Attorney, for appellee.

JOHNSON, Presiding Judge.

Willie Sims and Cornelius Pitts were indicted for aggravated sodomy. Sims entered a plea of incompetency to stand trial based on mental retardation. The issue of Sims' mental competency was tried before a special jury, which found Sims competent to stand trial. Thereafter, Sims and Pitts were tried together. Sims, however, waived his right to a jury trial and was tried by the court, while Pitts proceeded with a jury trial. The jury found...

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