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Lively v. State

Court of Appeals of Georgia
Jan 10, 1978
241 S.E.2d 622 (Ga. Ct. App. 1978)

Opinion

54702.

SUBMITTED OCTOBER 12, 1977.

DECIDED JANUARY 10, 1978.

Drug violation. Decatur Superior Court. Before Judge Culpepper.

Mary Moss Young, Henrietta E. Turnquest, for appellant.

A. Wallace Cato, District Attorney, George C. Floyd, Assistant District Attorney, for appellee.


The defendant appeals his conviction for sale of marijuana. Held:

1. The evidence was sufficient to authorize the verdict.

2. From examination of the record, the defendant was not denied effective assistance of counsel. "While another lawyer or lawyers, had they represented the defendant at trial, might have conducted his defense in a different manner, and might have exercised different judgments with respect to the matters referred to in his appeal, the fact that his attorney chose to try the defendant's case in the manner in which it was tried and made certain decisions as to the conduct of his defense, with which he and his presently employed attorney now disagree, does not require a finding that the defendant's representation was so inadequate as to amount to a denial to him of the effective assistance of counsel." Bright v. State, 137 Ga. App. 404, 405 ( 224 S.E.2d 71). Accord, Harrell v. State, 139 Ga. App. 556, 557 (2) ( 228 S.E.2d 723).

Judgment affirmed. Shulman and Banke, JJ., concur.

SUBMITTED OCTOBER 12, 1977 — DECIDED JANUARY 10, 1978.


Summaries of

Lively v. State

Court of Appeals of Georgia
Jan 10, 1978
241 S.E.2d 622 (Ga. Ct. App. 1978)
Case details for

Lively v. State

Case Details

Full title:LIVELY v. THE STATE

Court:Court of Appeals of Georgia

Date published: Jan 10, 1978

Citations

241 S.E.2d 622 (Ga. Ct. App. 1978)
241 S.E.2d 622