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Wright v. State

Court of Appeals of Georgia
Sep 9, 1977
237 S.E.2d 714 (Ga. Ct. App. 1977)

Opinion

54227.

SUBMITTED JULY 12, 1977.

DECIDED SEPTEMBER 9, 1977.

Burglary. Glynn Superior Court. Before Judge Emeritus Scoggin.

Vernon L. Wright, pro se. John Ossick, Assistant District Attorney, for appellee.


The defendant appeals, pro se, his conviction for the offense of burglary. He has failed to file an enumeration of errors. Held:

Defendant was indicted, entered pleas of guilty to, and convicted of the offenses of burglary and aggravated assault. He appeals only his conviction for burglary. We have thoroughly examined the record and transcript and find no harmful error.

The evidence clearly establishes his guilt of both offenses and that his pleas of guilty were entered intelligently, knowingly, and voluntarily, in accordance with the criteria of Boykin v. Alabama, 395 U.S. 238 ( 89 SC 1709, 23 L.Ed.2d 274); Brady v. United States, 397 U.S. 742, 748 ( 90 SC 1463, 25 L.Ed.2d 747); McMann v. Richardson, 397 U.S. 759, 766 ( 90 SC 1441, 25 L.Ed.2d 763); Schneckloth v. Bustamonte, 412 U.S. 218, 238 (93 SC 2041, 36 L.Ed.2d 854); and Purvis v. Connell, 227 Ga. 764, 766 ( 182 S.E.2d 892). Where there is any question as to voluntariness of a guilty plea we will consult the record as well as the transcript. The record contains the signed statement of the defendant, his counsel, and the trial judge, setting forth the full panoply of rights of an accused and his knowing, intelligent and voluntary waiver of those rights. Thus, the trial judge's failure to question the defendant in open court concerning those rights was harmless. Huff v. Barnett, 230 Ga. 446 ( 197 S.E.2d 345); Bailey v. Baker, 232 Ga. 84, 88 ( 205 S.E.2d 278).

A valid plea of guilty stands on the same footing as a conviction by a jury ( Carter v. State, 204 Ga. 242, 244 ( 49 S.E.2d 492)) and waives all defenses, known and unknown. Snell v. Smith, 228 Ga. 249, 250 ( 184 S.E.2d 645). Judgment affirmed. Shulman and Banke, JJ., concur.

SUBMITTED JULY 12, 1977 — DECIDED SEPTEMBER 9, 1977.


Summaries of

Wright v. State

Court of Appeals of Georgia
Sep 9, 1977
237 S.E.2d 714 (Ga. Ct. App. 1977)
Case details for

Wright v. State

Case Details

Full title:WRIGHT v. THE STATE

Court:Court of Appeals of Georgia

Date published: Sep 9, 1977

Citations

237 S.E.2d 714 (Ga. Ct. App. 1977)
237 S.E.2d 714

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