Cole v. State

310 Ga. 566

FINAL COPY S20A1377. COLE v. THE STATE. WARREN, Justice. Appellant Bobby Jay Cole appeals from the trial court’s summary denial of his motion for out-of-time appeal from his murder and armed robbery convictions. Because the trial court did not hold a hearing to determine whether Cole was deprived of his right to appeal due to the constitutionally ineffective assistance of his plea counsel, we vacate the court’s order and remand for such a hearing. On September 10, 1990, Cole was indicted by a Catoosa County grand jury for malice murder and armed robbery. Those crimes occurred on…