Dawson v. State

Smith, Justice.

We granted certiorari in Dawson v. State, 186 Ga. App. 718 (368 SE2d 367) (1988), to determine whether this case should have been remanded to the trial court for findings of fact as to ineffective assistance of counsel. We reverse and remand.

1. In Smith v. State, 255 Ga. 654 (341 SE2d 5) (1986), the defendant’s trial counsel filed a motion for new trial. The defendant retained different counsel to represent him on appeal. Appellate counsel filed an amended motion for new trial, but he did not challenge the effectiveness of trial counsel. The claim was raised for the first time…