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McGee v. State

The record did not reveal whether the defendant or his counsel bore the responsibility for the failure to timely direct appeal to properly address the issue of whether the trial court improperly sentenced the defendant on his guilty pleas to malice murder and aggravated battery.

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On January 31, 2001, Jeffrey Vincent McGee pled guilty to malice murder, aggravated battery upon a peace officer, and possession of a firearm by a convicted felon in connection with the January 20, 1999 shooting death of police officer Robbie Bishop. The trial court sentenced McGee, in relevant part, to life without the possibility of parole for malice murder and twenty years for aggravated battery to run concurrent with the malice murder sentence. Over thirteen years later, on February 10, 2014, McGee filed a motion to withdraw his guilty plea, which motion the trial court denied without a hearing on February 11, 2014. McGee then filed a motion for an out-of-time appeal on May 1, 2014, which the trial court denied without a hearing on May 6, 2014. In Case No. S14A1648, McGee appeals pro se from the denial of his motion to withdraw his guilty plea. In Case No. S14A1649, McGee appeals pro se from the denial of his motion for an out-of-time appeal. For the reasons that follow, we affirm in Case No. S14A1648 and we vacate and remand in Case No. S14A1649.

Case No. S14A1648

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