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Wilson v. State

Court of Appeals of Georgia
Oct 18, 1999
240 Ga. App. 681 (Ga. Ct. App. 1999)

Opinion

A99A1181.

DECIDED: OCTOBER 18, 1999.

Deposit account fraud. Coweta Superior Court. Before Judge Langham, Senior Judge.

Donald P. Wilson, pro se. Peter J. Skandalakis, District Attorney, Brett E. Pinion, Assistant District Attorney for appellee.


Charged with deposit account fraud, Donald Wilson pled nolo contendere and was sentenced to one year, commuted to time served. Citing several enumerations of error, he appeals. We affirm.

Wilson contends he should not have been prosecuted for the offense because the case was placed on the dead docket. Based on this contention, he moved to modify his sentence, which the trial court denied. Placing a case on the dead docket does not constitute either a dismissal or termination of the prosecution in the accused's favor. The case is still pending and can be called for trial at the judge's discretion. Wilson also claims that the State's motion to remove the case from the dead docket included a request for dismissal subsequently granted by the trial court. Although "dismiss" is in the title of the motion, the body of the motion only requests that the case be removed from the dead docket. This is also reflected in the court order shown on the same page of the State's motion which grants only a removal of the case from the dead docket. Despite its title, the motion was not a motion to dismiss.

McCord v. Jones, 168 Ga. App. 891, 892 ( 311 S.E.2d 209) (1983).

Id.

Cf. Law Offices of Johnson Robinson v. Fortson, 175 Ga. App. 706, 707 ( 334 S.E.2d 33) (1985), overruled on other grounds, MMT Enterprises Inc. v. Cullars, 218 Ga. App. 559 ( 462 S.E.2d 771) (1995).

In two enumerations, Wilson claims that he did not know of or was not provided counsel. The transcript reflects otherwise. In fact, when asked by the trial court if he discussed his plea with his attorney and whether he was satisfied with his attorney's performance, he responded affirmatively.

Wilson's remaining enumerations of error are without merit as we will not consider issues that were not raised and preserved in the trial court. Additionally, "[a] valid plea of guilty or nolo contendere will waive any defenses and objections save whether such plea was voluntarily entered by defendant and accepted after proper inquiry by the trial court." Wilson made no objection before the trial court accepted his plea and imposed sentence, and he does not challenge the validity of his plea here on appeal.

Harris v. State, 234 Ga. App. 126, 128 (2) ( 505 S.E.2d 49) (1998).

Moffett v. State, 228 Ga. App. 73, 74 ( 491 S.E.2d 126) (1997) (citation omitted).

Judgment affirmed. Blackburn, P.J., and Ellington, J, concur.


DECIDED OCTOBER 18, 1999 — RECONSIDERATION DENIED NOVEMBER 4, 1999 — CERT. APPLIED FOR.


Summaries of

Wilson v. State

Court of Appeals of Georgia
Oct 18, 1999
240 Ga. App. 681 (Ga. Ct. App. 1999)
Case details for

Wilson v. State

Case Details

Full title:WILSON v. THE STATE

Court:Court of Appeals of Georgia

Date published: Oct 18, 1999

Citations

240 Ga. App. 681 (Ga. Ct. App. 1999)
523 S.E.2d 613

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