Bailey v. State

Hunstein, Justice.

Appellant was convicted of malice murder and theft by taking.1 His trial counsel filed a timely motion for new trial, alleging, inter alia, that the evidence was insufficient to support the convictions. However, prior to any disposition by the trial court, new counsel withdrew the motion and filed a notice of appeal pursuant to a consent order entered by the trial court. In his sole enumeration of error on appeal appellant contends for the first time that his trial counsel was ineffective.

It is axiomatic that a claim of ineffectiveness of trial counsel must be asserted at…