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  5. 763 S.E.2d 487 (2014)
 

STATE v. HOOD

No. S14A0763.

763 S.E.2d 487 (2014)

295 Ga. 664

The STATE v. HOOD.

Supreme Court of Georgia.

September 22, 2014.

Attorney(s) appearing for the Case

Kenneth W. Mauldin, Dist. Atty., Jon R. Forwood, David T. Lock, Asst. Dist. Attys., for Appellant.

Edward H. Brumby, Jr., Athens, for appellee.

Gary D. Bergman, Ashley Wright, Denise D. Fachini, Dist. Attys., Elizabeth A. Brandenburg, Decatur, Sam D. Dennis, amici curiae.

BLACKWELL, Justice.

James Hood was tried by a Clarke County jury, convicted of murder and several other crimes, and sentenced for the murder to a term of imprisonment for life with the possibility of parole. The State appeals, contending that Hood instead should have been sentenced to imprisonment for life without the possibility of parole. The problem is, Hood filed a timely motion for new trial, his motion was pending when the State filed its notice of appeal, and...

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