Whitner v. State

Birdsong, Presiding Judge.

This is the second appearance of this case before this court. See Whitner v. State, 198 Ga. App. 300 (401 SE2d 318) for the procedural history and underlying facts.

Upon remand to consider Whitner’s allegation that he had been deprived of the effective assistance of counsel, the trial court held an evidentiary hearing on Whitner’s allegation, and subsequently found that the original “trial counsel’s performance was not deficient. Trial counsel was functioning as the counsel guaranteed the defendant by the Sixth Amendment.” Accordingly, the trial court found that…