Herrington v. State

Eldridge, Judge.

This is an appeal from the denial of an “extraordinary motion for new trial.” The tortuous procedural journey by which the instant appeal comes to us bears recounting as background to an accurate resolution.

A Richmond County jury found Clifford Maurice Herrington guilty of two counts of armed robbery. On February 26, 1998, the Superior Court of Richmond County properly sentenced Herrington as a recidivist. On March 29, 2000, the judgment and sentence entered on the verdict were affirmed by this Court. In so doing, we found that Herrington’s claim concerning an alleged improper…