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Reeves v. State

Court of Appeals of Georgia
Apr 8, 1985
330 S.E.2d 439 (Ga. Ct. App. 1985)

Opinion

70114.

DECIDED APRIL 8, 1985.

Theft by taking, etc. Calhoun Superior Court. Before Judge Cato.

Willis A. Duvall, for appellant.

J. Brown Moseley, District Attorney, William F. Riley, Jr., Assistant District Attorney, for appellee.


Dale Reeves entered a plea of guilty to charges of theft by taking of a motor vehicle, escape, and criminal interference with government property and was sentenced to serve a total of eight years in confinement, to be followed by 17 years on probation. After the sentence was announced, appellant asked if he could withdraw his plea of guilty but was informed by the trial court that he could not. On appeal, he contends that the trial court erred in refusing to allow him to withdraw his plea. Held:

The transcript of the proceedings below reflects that the appellant was represented by counsel and was properly informed of his applicable rights and of the consequences of his plea. It also supports the trial court's determination, made after careful inquiry, that the appellant entered his plea voluntarily and intelligently. See generally Boykin v. Alabama, 395 U.S. 238 ( 89 SC 1709, 23 L.Ed.2d 274) (1969); State v. Germany, 245 Ga. 326 ( 265 S.E.2d 13) (1980).

Once a sentence has been orally announced, a defendant does not have an absolute statutory right to withdraw a plea of guilty. State v. Germany, 246 Ga. 455 (1) ( 271 S.E.2d 851) (1980). A ruling on a motion to withdraw a plea of guilty made subsequent to the pronouncement of a sentence rests within the sound discretion of the trial court. Crump v. State, 154 Ga. App. 359 ( 268 S.E.2d 411) (1980). We find no abuse of discretion on the part of the trial court in refusing to allow appellant to withdraw his plea in the present case. Accord Harris v. State, 167 Ga. App. 153 (4) ( 306 S.E.2d 79) (1983).

Judgment affirmed. McMurray, P. J., and Benham, J., concur.


DECIDED APRIL 8, 1985.


Summaries of

Reeves v. State

Court of Appeals of Georgia
Apr 8, 1985
330 S.E.2d 439 (Ga. Ct. App. 1985)
Case details for

Reeves v. State

Case Details

Full title:REEVES v. THE STATE

Court:Court of Appeals of Georgia

Date published: Apr 8, 1985

Citations

330 S.E.2d 439 (Ga. Ct. App. 1985)
330 S.E.2d 439