Boney v. Tims

Bell, Justice.

Michael Anthony Tims was convicted of the offenses of kidnapping and armed robbery. Tims’ convictions were affirmed by the Court of Appeals. Tims v. State, 168 Ga. App. 409 (309 SE2d 405) (1983). In a subsequent habeas corpus proceeding, Tims’ sentences were declared null and void and resentencing was ordered. The state appeals.

The circumstances surrounding the offenses for which Tims was convicted are set out in the Court of Appeals’ affirmance thereof, id. at 409-410, and will only be repeated here in relevant part. In the late evening hours of February 27, 1982, in Fulton…