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Jackson v. State

Defendant was not entitled to a second appeal of his convictions for murder and armed robbery.

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Allen Dean Jackson was convicted of murder and armed robbery in connection with the death and armed robbery of Bruce Wayne Skinner. Jackson moved for a new trial. The trial court denied the motion, and Jackson filed a timely notice of appeal. The appeal was docketed in this Court on August 11, 1995, and submitted for decision on briefs. The judgment was affirmed unanimously on February 5, 1996. Jackson v. State, 266 Ga. 308 467 SE2d 495 1996. Jackson’s motion for reconsideration was denied on March 6, 1996.

Four years later, on March 5, 2000, Jackson, proceeding pro se, filed a motion for an out-of-time appeal, asserting that, to his knowledge, an appeal had not been taken. The trial court denied the motion and Jackson appeals, asserting the trial court erred in denying the motion for an out-of-time appeal summarily, i.e., without affording him an opportunity to present evidence.

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