Smith v. State

Benham, Justice.

Appellant’s convictions for malice murder, aggravated assault, and possession of a firearm by a convicted felon were affirmed by this court in Smith v. State, 260 Ga. 274 (393 SE2d 229) (1990). We remanded the case to the trial court to consider whether trial counsel rendered ineffective assistance of counsel by agreeing to withdraw a charge on justification, and we noted that the issue of ineffectiveness may have been procedurally defaulted by appellate counsel. Id., Division 8. This appeal follows the trial court’s determination that appellant waived his right to assert that…