Spivey v. State

Eldridge, Judge.

On October 8, 1991, a Tift County jury found Gregory Spivey guilty of felony shoplifting. A motion for new trial was timely filed on October 14, 1991. For reasons unexplained, said motion remained on the superior court docket for approximately six years, until it was amended by new counsel on May 4, 1998, to raise a claim of ineffective assistance of trial counsel. Spivey’s motion for new trial was denied in an order dated May 22, 1998, and a timely notice of appeal from the denial of the motion was filed on June 10, 1998.

1. As he did in the motion for new trial, Spivey again…