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Carter v. State

Court of Appeals of Georgia
Dec 2, 1985
338 S.E.2d 537 (Ga. Ct. App. 1985)

Opinion

71200.

DECIDED DECEMBER 2, 1985.

Drug violation. Dougherty Superior Court. Before Judge Kelley.

Dawn G. Benson, E. Dunn Stapleton, for appellant.

Hobart M. Hind, District Attorney, Britt R. Priddy, Assistant District Attorney, for appellee.


The appellant, Moses Carter, pled guilty to a charge of possession of marijuana with the intent to distribute. The plea was entered pursuant to an agreement negotiated between his court-appointed attorney and the district attorney, whereby the state would recommend probation. The trial court rejected that recommendation and sentenced the appellant to three years' imprisonment, followed by seven years' probation. Carter brings this appeal, contending that the trial court erred in denying his motion to withdraw his guilty plea.

Regardless of any merits of Carter's contention that the trial court erred by failing to follow the requirements of State v. Germany, 246 Ga. 455 ( 271 S.E.2d 851) (1980), it appears that Carter actually never made a motion to withdraw his guilty plea for the trial court to deny. Accordingly, there is nothing before this court to review.

Judgment affirmed. Pope, J., concurs. Beasley, J., concurs in the judgment only.


DECIDED DECEMBER 2, 1985.


Summaries of

Carter v. State

Court of Appeals of Georgia
Dec 2, 1985
338 S.E.2d 537 (Ga. Ct. App. 1985)
Case details for

Carter v. State

Case Details

Full title:CARTER v. THE STATE

Court:Court of Appeals of Georgia

Date published: Dec 2, 1985

Citations

338 S.E.2d 537 (Ga. Ct. App. 1985)
338 S.E.2d 537