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FLEMING v. STATE

No. A08A0432.

662 S.E.2d 861 (2008)

FLEMING v. The STATE.

Court of Appeals of Georgia.

June 4, 2008.

Attorney(s) appearing for the Case

Timothy L. Eidson, Adel, Jason P. Carini, for appellant.

Denise D. Fachini, District Attorney, Cheri L. Nichols, Assistant District Attorney, for appellee.

JOHNSON, Presiding Judge.

The trial court has granted Larry Fleming an out-of-time appeal from his 1994 guilty plea to aggravated assault. As we previously held in Fleming v. State,1 the indictment charging Fleming with the crime was fatally flawed. Thus, we must now reverse his conviction.

Following a 1976 crime spree, Fleming was convicted of armed robbery, kidnapping, and murder.2 He received...

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