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Smith v. State

The trial court properly denied the defendant's extraordinary motion for new trial because the remedy was not available to her, since she pleaded guilty to the charges against her.

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Appellant Tiara Smith appeals from the trial court’s denial of what she styled as an “Extraordinary Motion for New Trial.” We affirm.

In September 2007, Smith pled guilty to two counts of felony murder, two counts of serious injury by vehicle, feticide, and felony fleeing and attempting to elude; she was sentenced to life imprisonment. In December 2012, Smith filed an extraordinary motion for new trial asserting that she had discovered new evidence establishing that she is not guilty of felony murder. The trial court denied the motion. On appeal, Smith continues to argue that she has newly discovered evidence that undermines her felony murder conviction and that the trial court erroneously denied her motion.

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