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Wyatt v. State

Supreme Court of Georgia
Dec 3, 1981
285 S.E.2d 521 (Ga. 1981)

Opinion

37922.

DECIDED DECEMBER 3, 1981.

Out-of-time appeal. Bryan Superior Court. Before Judge Scoggin, Senior Judge.

J. Lester Wyatt, pro se. Dupont K. Cheney, District Attorney, for appellee.


Wyatt was convicted of murder and sentenced to life imprisonment on March 27, 1974. He now appeals a denial of his motion to file an out-of-time appeal, contending that he was unaware of appellate procedures.

A hearing was held, with appellant present, and the trial court found that the appellant, then represented by counsel, had requested that an appeal previously filed by his counsel be withdrawn, which was accomplished by an order dated September 10, 1974.

The trial court thus denied the request for an out-of-time appeal, finding: "That defendant was obviously aware of his right to an appeal and knowing the consequences of his actions and with an awareness of his rights requested that his attorney dismiss his appeal."

We affirm.

Judgment affirmed. All the Justices concur.

DECIDED DECEMBER 3, 1981.


Summaries of

Wyatt v. State

Supreme Court of Georgia
Dec 3, 1981
285 S.E.2d 521 (Ga. 1981)
Case details for

Wyatt v. State

Case Details

Full title:WYATT v. THE STATE

Court:Supreme Court of Georgia

Date published: Dec 3, 1981

Citations

285 S.E.2d 521 (Ga. 1981)
285 S.E.2d 521

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