Georgia Court of Appeals, 1996

Sterling v. State

Sterling v. State
Georgia Court of Appeals · Decided November 6, 1996 · McMurray, Johnson, Ruffin
478 S.E.2d 145; 223 Ga. App. 490; 96 Fulton County D. Rep. 4019; 1996 Ga. App. LEXIS 1201 (South Eastern Reporter, Second Series)

Sterling v. State

Opinion

McMurray, Presiding Judge.

Defendant Sterling appeals his conviction of two counts of aggravated assault. The sole enumeration of error maintains that defendant was denied effective assistance of counsel. Held:

*491 Decided November 6, 1996. Rees R. Smith, for appellant. J. Tom Morgan, District Attorney, Robert M. Coker, Elisabeth G. Macnamara, Assistant District Attorneys, for appellee.

However, defendant’s trial counsel was not heard on this issue at the motion for new trial hearing, and for this reason, there is nothing for us to address on appeal. Williams v. State, 251 Ga. 749, 809 (20) (312 SE2d 40); Brown v. State, 251 Ga. 598, 600 (3), 601 (308 SE2d 182); Simpson v. State, 250 Ga. 365, 367 (2) (297 SE2d 288); Query v. State, 217 Ga. App. 61, 65 (7) (456 SE2d 704).

Judgment affirmed.

Johnson and Ruffin, JJ, concur.

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