Seabolt v. State

Court of Appeals of Georgia

Seabolt v. State

378 S.E.2d 416, 190 Ga. App. 244, 1989 Ga. App. LEXIS 166

CourtCourt of Appeals of Georgia

DecidedFebruary 9, 1989

DocketA89A0389

StatusPublished

Cited by3 cases

This text of 378 S.E.2d 416 (Seabolt v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Seabolt v. State, 378 S.E.2d 416, 190 Ga. App. 244, 1989 Ga. App. LEXIS 166 (Ga. Ct. App. 1989).

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Opinion

Deen, Presiding Judge.

The appellant, Jerome Seabolt, was convicted of obstruction of a law enforcement officer, possession of a firearm by a convicted felon, and possessing marijuana in violation of the Georgia Controlled Substances Act. On appeal, his sole contention is that his appointed trial counsel provided ineffective assistance. Seabolt’s trial counsel filed a motion for new trial asserting only the general grounds before he was replaced by Seabolt’s appellate counsel. Appellate counsel filed no amended motion for new trial, but asserted ineffective assistance of trial counsel for the first time on appeal. Under these circumstances, this case must be remanded to the trial court for a hearing and appropriate findings on this claim. Hightower v. State, 189 Ga. App. 553 (376 SE2d 717) (1988).

Case remanded with direction.

Birdsong and Benham, JJ., concur. *245 Decided February 9, 1989. Michael S. Weldon, for appellant. Thomas C. Lawler III, District Attorney, Debra K. Turner, Assistant District Attorney, for appellee.

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Deen, Presiding Judge.

The appellant, Jerome Seabolt, was convicted of obstruction of a law enforcement officer, possession of a firearm by a convicted felon, and possessing marijuana in violation of the Georgia Controlled Substances Act. On appeal, his sole contention is that his appointed trial counsel provided ineffective assistance. Seabolt’s trial counsel filed a motion for new trial asserting only the general grounds before he was replaced by Seabolt’s appellate counsel. Appellate counsel filed no amended motion for new trial, but asserted ineffective assistance of trial counsel for the first time on appeal. Under these circumstances, this case must be remanded to the trial court for a hearing and appropriate findings on this claim. Hightower v. State, 189 Ga. App. 553 (376 SE2d 717) (1988).

Case remanded with direction.

Birdsong and Benham, JJ., concur. *245 Decided February 9, 1989. Michael S. Weldon, for appellant. Thomas C. Lawler III, District Attorney, Debra K. Turner, Assistant District Attorney, for appellee.

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378 S.E.2d 416, 190 Ga. App. 244, 1989 Ga. App. LEXIS 166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seabolt-v-state-gactapp-1989.

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