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WEEKS v. STATE

No. A05A1250.

616 S.E.2d 852 (2005)

274 Ga. App. 122

WEEKS v. The STATE.

Court of Appeals of Georgia.

June 29, 2005.

Attorney(s) appearing for the Case

William Barnwell, Avrett, Ponder & Withrock, Dalton, for Appellant.

Kermit McManus, District Attorney, Dalton, John Helton, Assistant District Attorney, for Appellee.

BLACKBURN, Presiding Judge.

Following a jury trial that resulted in his conviction of attempted burglary1 and of possession of tools for the commission of a crime,2 Earlie Leon Weeks appeals, challenging the sufficiency of the evidence and arguing that the proof fatally varied from the indictment. We hold that the evidence was sufficient and that the variance was not fatal. Accordingly, we affirm.

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