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Pierce v. State

The defendant's claims of ineffective assistance of trial counsel, which he raised for the first time in this appeal, must be pursued in an action for habeas corpus.

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Appellant Jason Pierce appeals from the trial court’s denial of his plea in bar based on double jeopardy. Finding no error in the denial of his motion, we affirm.

Appellant was indicted in 1999 on charges of malice murder two counts, felony murder four counts, aggravated assault three counts and possession of a firearm by a convicted felon. The State filed a notice of intent to seek the death penalty but withdrew its notice when appellant entered negotiated guilty pleas to some but not all of the charges filed against him. He subsequently was sentenced to two terms of life without parole on the malice murder convictions and consecutive terms of years on his remaining convictions. This Court vacated appellant’s sentences of life without parole on direct appeal because the trial court did not specify an aggravating circumstance at the time of sentencing as required under former OCGA § 17-10-32.1. See Pierce v. State, 289 Ga. 893 717 SE2d 202 2011.

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