McDaniel v. Georgia
Annotate this CaseAppellant Robert McDaniel appeals pro se from the trial court’s denial of his motion for out-of-time appeal, his general demurrer, and his motion in arrest of judgment. In 2014, a grand jury indicted McDaniel for malice murder (Count 1); felony murder (Count 2); possession of a firearm during the commission of the offense of murder (Count 3); aggravated assault, family violence (Count 4); possession of a firearm during the commission of aggravated assault (Count 5); and aggravated stalking (Count 6) in connection with the shooting death of Maria Nunez-McDaniel. The grand jury also indicted McDaniel for aggravated assault (Count 7) and possession of a firearm during the commission of a felony (Count 8) in connection with an assault on Julia Olmos. On November 4, 2014, McDaniel entered a negotiated guilty plea to malice murder, possession of a firearm during the commission of the offense of murder, and aggravated stalking, as well as to the aggravated assault against Olmos. As part of the plea, Counts 2, 5, and 8 were nolle prossed, and Count 4 was merged with the malice murder count. McDaniel was sentenced to serve life with the possibility of parole for malice murder, a probated five-year consecutive sentence on Count 3, and two ten-year concurrent sentences on Counts 6 and 7. The Georgia Supreme Court determined that because the trial court did not err by concluding that McDaniel failed to show that his appeal of right was lost as a result of his counsel’s constitutionally deficient performance, it also did not abuse its discretion in denying McDaniel’s motion for out-of- time appeal. The Court also determined McDaniel's motion in arrest of judgment was untimely, and and “the trial court was without jurisdiction to rule on [it].”
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