Phillips v. State

I fully concur in Divisions 1 through 4 and reluctantly concur in the remand of the case. Defendant had an opportunity to raise the issue of alleged ineffectiveness of trial counsel prior to the filing of the notice of appeal by extraordinary motion for new trial. OCGA § 5-5-41. See dissents in Weems v. State, 196 Ga. App. 429, 431 (395 SE2d 863) (1990), and Kinney v. State, 199 Ga. App. 354 (405 SE2d 98) (1991); special concurrence in Shavers v. State, 200 Ga. App. 76 (406 SE2d 803) (1991); McGraw v. State, 199 Ga. App. 389, 390 (2) (a) (405 SE2d 53) (1991).