Smith v. State

• Decision Date: 25 November 1986
• Docket Number: No. 43876,43876
• Citation: Smith v. State, 256 Ga. 483, 351 S.E.2d 641 (Ga. 1986)
• Parties: SMITH v. The STATE.
• Court: Georgia Supreme Court

Page 641

351 S.E.2d 641

256 Ga. 483

SMITH v.The STATE.

No. 43876.

Supreme Court of Georgia.

Nov. 25, 1986.

Murder.Peach Superior Court.Before Judge Culpepper.

Sandra J. Popson, Brown, Katz, Flatau & Hasty, Macon, for Johnny Smith.

Willis B. Sparks III, Dist. Atty., Wayne G. Tillis, Asst. Dist. Atty., Fort Valley, Michael J. Bowers, Atty. Gen., and Dennis R. Dunn, Asst. Atty. Gen., for the State.

WELTNER, Justice.

Johnny Smith was convicted and sentenced to life imprisonment for his participation in a murder and armed robbery.His conviction was affirmed by this court.Smith v. State, 255 Ga. 654, 341 S.E.2d 5(1986).In his appeal Smith raised for the first time the contention that he had been denied effective assistance of counsel.We remanded to the trial court for a determination of that issue.The trial court held a hearing, made findings of fact, and entered an order holding that Smith had not been denied effective assistance of counsel.We have reviewed the record, and because the findings of the trial court are not shown to be clearly erroneous, we affirm.Crawford v. State, 245 Ga. 89(2), 263 S.E.2d 131(1980).

Judgment affirmed.

All the Justices concur.