Fleming v. State

JOHNSON, Presiding Judge.

The trial court has granted Larry Fleming an out-of-time appeal from his 1994 guilty plea to aggravated assault. As we previously held in Fleming v. State, 1 the indictment charging Fleming with the crime was fatally flawed. Thus, we must now reverse his conviction.

Following a 1976 crime spree, Fleming was convicted of armed robbery, kidnapping, and murder. 2 He received a life sentence, but was later paroled. In 1994, Fleming pled guilty to aggravated assault and was sentenced to serve one year. As a result of this new crime, Fleming’s parole was revoked and he was…