Georgia Court of Appeals, 1977

Wofford v. State

Wofford v. State
Georgia Court of Appeals · Decided February 7, 1977 · McMurray, Bell, Smith
233 S.E.2d 53; 141 Ga. App. 207; 1977 Ga. App. LEXIS 1839 (South Eastern Reporter, Second Series)

Wofford v. State

Opinion

*207 McMurray, Judge.

A plea of guilty was entered by defendant to the offense of burglary and to two misdemeanor charges. Defendant filed a motion for new trial on the burglary indictment, predicated on the three general grounds. This appeal is from the denial of that motion. Held:

"In Bearden v. State, 13 Ga. App. 264 (1) (79 SE 79), this court held: 'One who has filed a plea of guilty in a criminal case can not move for a new trial. Where one accused of crime voluntarily pleads guilty to the charge, a new trial can not be granted, for there was no verdict. A plea of guilty may, as a matter of right, be withdrawn before sentence; and after sentence the judge may permit it to be withdrawn upon meritorious grounds, addressed to his discretion; but neither before nor after sentence can a motion for a new trial be employed as a means of withdrawing a plea of guilty.’ See also Welch v. State, 63 Ga. App. 277 (11 SE2d 42); Alligood v. State, 108 Ga. App. 453 (133 SE2d 431).” Galbreath v. State, 130 Ga. App. 179 (202 SE2d 562).

Judgment affirmed.

Bell, C. J., and Smith, J., concur.

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