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263 Ga. App. 295

McKinney v. State

Court of Appeals of Georgia

Decided August 21, 2003

Court of Appeals of Georgia · decided 2003-08-21

Relies on 251 Ga. App. 896 - McKinney v. State · 261 Ga. App. 248 - Taylor v. State

Decided 2003-08-21

Miller, Judge.

¶1Acting pro se, Larry McKinney appeals from the denial of his out-of-time motion to correct an illegal sentence. McKinney complains that he was improperly sentenced as a recidivist and that he *296was not provided a list of witnesses prior to trial. However, as McKinney failed to raise these claims at the time he appealed his conviction (see generally McKinney v. State, 251 Ga. App. 896 (555 SE2d 468) (2001)), he has waived them. “[H]aving once invoked the appellate process, [McKinney] cannot now seek to raise issues which should have been raised in that appeal.” (Citations, punctuation and footnotes omitted.) Taylor v. State, 261 Ga. App. 248, 249 (1) (582 SE2d 209) (2003).

Decided August 21, 2003Reconsideration dismissed September 19,2003.Larry McKinney, pro se.Denise D. Fachini, District Attorney, Cheri L. Nichols, Assistant District Attorney, for appellee.

¶2Judgment affirmed.

Smith, C. J., and Ruffin, R J., concur.
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