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Smith v. State

The trial court did not err in denying the defendant's untimely motion in arrest of judgment, although it could have dismissed the motion instead.

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On April 7, 1997, Appellant Demetric Andre Smith stabbed his girlfriend Yolanda Bridges to death in her apartment in Fulton County; her body was found next to her crying two-year-old son Darius and her one-year-old daughter. In May 1999, Appellant was convicted of felony murder and cruelty to the child Darius and sentenced to life in prison plus 20 years. This Court affirmed the convictions on direct appeal. See Smith v. State , 275 Ga. 326 565 SE2d 453 2002. On October 22, 2010, Appellant, who is incarcerated in Hancock County, filed a pro se motion in arrest of judgment in the Fulton County Superior Court, which he amended on March 7, 2011. On July 26, 2011, the trial court denied Appellant’s motion without a hearing after concluding that “the motion’s underlying claims have no merit.” Appellant timely appealed.

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