McKinney v. State

Full title: MCKINNEY v. THE STATE

Court: Court of Appeals of Georgia

Date published: Aug 21, 2003

587 S.E.2d 762 (Ga. Ct. App. 2003)

587 S.E.2d 762

Opinion

A03A1405.

DECIDED: AUGUST 21, 2003

Motion to correct illegal sentence. Wilcox Superior Court. Before Judge Forrester.

Larry McKinney, pro se.

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

MILLER, Judge.

Acting pro se, Larry McKinney appeals from the denial of his out-of-time motion to correct an illegal sentence. McKinney complains that he was improperly sentenced as a recidivist and that he was not provided a list of witnesses prior to trial. However, as McKinney failed to raise these claims at the time he appealed his conviction (see generally McKinney v. State, 251 Ga. App. 896 ( 555 S.E.2d 468) (2001)), he has waived them. "[H]aving once invoked the appellate process, [McKinney] cannot now seek to raise issues which should have been raised in that appeal." (Citations omitted.) Taylor v. State, — Ga. App. — (1) (Case No. A03A1156; Decided May 13, 2003).

Judgment affirmed. Smith, C.J., and Ruffin, P.J., concur.

MILLER, Judge.

DECIDED AUGUST 21, 2003 — RECONSIDERATION DISMISSED SEPTEMBER 19, 2003.