*1 354 Simрson (359 664) (1987); State, Thompson v. Ga. 386 SE2d 257 State, 288) Ross v. (1982); (2) (297 State, 365, SE2d 367 250 Ga. State, Scott v. 418) (1990); (3) (394 193 624, SE2d 626 416) (388 577, SE2d 580 Ga. Huff 183) (1989). Likewise, (2) (382 permission if 476, SE2d 477 appellate сounsel must granted, been has
file an out-of-time trial raise the Ponder v. filing of the notice prior to the (581 Bell v. 922) (400 see also SE2d Ga. 840 514) (1989). this dilemma are less attempts to solve courts’ remand, courses, remand and refusal satisfactory. Both than would be to have Perhaps procedure the best drawbacks. a matter of course fol- of counsel as court determine the effectiveness many State. Such a every criminal trial lowing appellate review and res- benefits, hopefully would allow obvious moment.” olution at the “earliest 15, Decided March Rehearing 28, denied March Summer, Summer, A. Daniel Summer Brownell, Jr., Fuller, Attorney, William M. C. Andrew Assistant District v. THE STATE.
A90A2142. KINNEY Pope, Judge. possession cocaine Kinney was convicted of
Defendant John (b), distribute, possession OCGA 16-13-30 of less with intent appeals follow- mаrijuana, He than one ounce ing the of his motion for new trial. denial though there evidence he
1. Defendant сontends that even was cocaine, pos- possessed justify insufficient his conviction session with intent to distribute. testimony along with contrary, the of co-defendants
On the
direct
use,
quan-
drug
the substantial
evidence of the circumstanсes of the
contraband,
of cash on defend-
tity of the
and the substantial amount
ant,
residue,
any
enable
cocaine
was sufficient to
some of which bore
beyond
guilty
a reasonable
rational
trier of fact to find defendant
to distribute. Jackson
possession
doubt of
of cocaine with intent
see Allen v.
Virginia,
61 LE2d
2. Defendant also contends he was denied effective assistance of counsel. February days later,
Defendant was sentenced on
1990. Four
general grounds.
trial counsel filed a motion for new trial basеd on the
*2
hearing
Following
On June
trial counsel filed a motion
a
for
date.
hearing,
July
the
the court
the
for
denied
motion
new trial on
at
represented
appellate
which time trial counsel still
defendant. New
appeal
August
counsel filed notice of
a
on
and
for
raises
the first
time
of
the issue
of
trial counsel. Under these cirсum
appellate
appointed
stances, where
counsel was
after the denial of the
motion for new trial and the issue of ineffective assistance of trial
appeal,
counsel is raised for the first time on
the case must be re
evidentiary hearing
manded to the trial
tiveness issue. Johnson v.
for
an
on the ineffec
Moreover, § allows original period denial of the if the time from the mаde) (or judgment is is if no such motion from the new trial for insufficient If it is decided within motion. for the part appealed If it is time, of the direct extended decided be appeal proceeds time, with- and the direct after the еxtended (a) (7). appealed it, under OCGA 5-6-35 out it can be appeals discretion, when there are can, consolidate the in its two. Georgia’s procedural opportunity point is, law exists
currently. 15, 1991.
Decided March Gilbert, Ernest B. Higgins, Attorney, Jr., C. Keith Assis- Thomas,
Glenn tant District