As a result, this appeal was Tracy's first opportunity to raise the issue of ineffective assistance. "Under these circumstances, this case must be remanded to the trial court for a hearing and appropriate findings on this claim." Seabolt v. State, 190 Ga. App. 244 ( 378 S.E.2d 416) (1989); Johnson v. State, 259 Ga. 428, 429-430 (3) ( 383 S.E.2d 115) (1989). If the court finds that Tracy Jackson did not receive effective assistance of counsel, a new trial is required. If it finds that she did have effective assistance, she shall have 30 days in which to appeal the trial court's ruling. 3. Jackson also contends the trial court abused its discretion in sentencing her to 20 years probation, the maximum available and the same amount sought by the State.
Meders v. State, 260 Ga. 49, 55 (10) ( 389 S.E.2d 320) (1990). See Weems v. State, 196 Ga. App. 429 ( 395 S.E.2d 863) (1990); Seabolt v. State, 190 Ga. App. 244 ( 378 S.E.2d 416) (1989); Hightower v. State, 189 Ga. App. 553, 554 (3) ( 376 S.E.2d 717) (1988). Remand was directed even though new appellate counsel had opportunity for remedial action prior to the filing of the appeal.