Legal Opinion

McKinney v. State

Court of Appeals of Georgia

Decided August 21, 2003No. A03A1405Published

1Opinion of the Court

Miller, Judge.

Acting pro se, Larry McKinney appeals from the denial of his out-of-time motion to correct an illegal sentence. McKinney complains that he was improperly sentenced as a recidivist and that he *296was not provided a list of witnesses prior to trial. However, as McKinney failed to raise these claims at the time he appealed his conviction (see generally McKinney v. State, 251 Ga. App. 896 (555 SE2d 468) (2001)), he has waived them. “[H]aving once invoked the appellate process, [McKinney] cannot now seek to raise issues which should have been raised in that appeal.” (Citations,…

2Cases cited2 opinions

  1. McKinney v. StateCourt of Appeals of Georgia · 2001
  2. Taylor v. StateCourt of Appeals of Georgia · 2003

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