Legal Opinion

Avans v. State

Court of Appeals of Georgia

Decided September 17, 2001No. A01A1285PublishedCited by 7 opinions

1Opinion of the Court

Smith, Presiding Judge.

Gary C. Avans II appeals his conviction for DUI after a jury trial and the denial of his motion for new trial. In his sole enumeration of error, he contends his trial counsel was ineffective in failing to engage in plea bargaining with the State and in failing to advise him of the probable outcome of the trial. We find no reversible error, and we affirm.

To establish ineffectiveness, a defendant must prove that trial counsel’s performance was deficient and but for the deficiency a reasonable probability existed that the result of the trial would have been different. An…

2Cases cited3 opinions

  1. Lloyd v. StateSupreme Court of Georgia · 1988
  2. Muff v. StateCourt of Appeals of Georgia · 1993
  3. Mathis v. StateCourt of Appeals of Georgia · 1999

3Cited by7 opinions

  1. Goldsby v. StateCourt of Appeals of Georgia · 2005
  2. Lawson v. StateCourt of Appeals of Georgia · 2006
  3. Whited v. StateCourt of Appeals of Georgia · 2002
  4. Terrell v. StateCourt of Appeals of Georgia · 2005
  5. People v. ShermanColorado Court of Appeals · 2006

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