King v. State

• Decision Date: 04 February 1975
• Docket Number: No. 29619,29619
• Citation: 212 S.E.2d 807,233 Ga. 630
• Parties: Freddie Lee KING v. The STATE. Supreme, court of Georgia
• Court: Georgia Supreme Court

Page 807

212 S.E.2d 807

233 Ga. 630

Freddie Lee KING v.The STATE.

No. 29619.

Supreme, court of Georgia.

Feb. 4, 1975.

Freddie Lee King, pro se.

H. Lamar Cole, Dist. Atty., Valdosta, for appellee.

Syllabus Opinion by the Court

INGRAM, Justice.

The defendant appeals from the final order of the Superior Court in the Southern Judicial Circuit denying his motions for an out of time appeal(from earlier felony convictions in that court) and for a free copy of various court records to be used in connection with the appeal.

The trial court found, upon considering these motions, that defendant was convicted in that court on March 16, 1974, of the crimes of armed robbery, kidnapping and murder, for which defendant received two sentences of 20 years and a sentence of life imprisonment.No motion for new trial or direct appeal was filed in the case and more than 120 days elapsed from the date of the convictions before the present motions were filed by defendant.

The record discloses that the defendant was represented at his trial by two court-appointed lawyers.The defendant contends that he was unaware he'could appeal in forma pauperis and that the court would allow the appeal to be filed without cost, and counsel would be appointed for the purpose of appeal.'

The record reveals that subsequent to defendant's trial he signed the following request to the trial court, which was filed of record with the Clerk of the Superior Court of Colquitt County:

'Comes now the defendant above named, and shows to the court the following facts: 1.That he has been represented by . . . (counsel), in connection with the above matter by appointment.2.That the above mentioned indictments have been duly tried, that sentence has been imposed upon the defendant.3.That the attorney's above named have advised the defendant of his right to appeal his conviction, and sentence defendant being fully cognzant...