Allen v. State

Court of Appeals of Georgia

Allen v. State

217 S.E.2d 392, 135 Ga. App. 68, 1975 Ga. App. LEXIS 1564

CourtCourt of Appeals of Georgia

DecidedJune 11, 1975

Docket50674

StatusPublished

This text of 217 S.E.2d 392 (Allen v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allen v. State, 217 S.E.2d 392, 135 Ga. App. 68, 1975 Ga. App. LEXIS 1564 (Ga. Ct. App. 1975).

Pincite

Opinion

Bell, Chief Judge.

Defendant was arraigned on accusations of driving while under the influence and driving with a revoked license. He entered pleas of guilty and was sentenced.

Thereafter, defendant filed a motion to set aside the sentence and to withdraw his plea of guilty. Held:

The only grounds asserted for vacating the sentence and to withdraw the pleas are that the trial court did not apprise him of: (1) His right to counsel; (2) his right to trial by jury; (3) his right to confront witnesses against him; and, (4) his right to contest all charges and require the state to prove his guilt beyond a reasonable doubt. An examination of the record of the guilty plea hearing affirmatively shows to the contrary. The defendant was clearly advised of his rights by the trial judge and he intelligently and voluntarily waived them and entered the pleas of guilty.

Judgment affirmed.

Webb and Marshall, JJ., concur. Submitted May 6, 1975 Decided June 11, 1975. Neil L. Heimanson, for appellant. Robert A. Harris, Solicitor, for appellee.

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Bell, Chief Judge.

Defendant was arraigned on accusations of driving while under the influence and driving with a revoked license. He entered pleas of guilty and was sentenced.

Thereafter, defendant filed a motion to set aside the sentence and to withdraw his plea of guilty. Held:

The only grounds asserted for vacating the sentence and to withdraw the pleas are that the trial court did not apprise him of: (1) His right to counsel; (2) his right to trial by jury; (3) his right to confront witnesses against him; and, (4) his right to contest all charges and require the state to prove his guilt beyond a reasonable doubt. An examination of the record of the guilty plea hearing affirmatively shows to the contrary. The defendant was clearly advised of his rights by the trial judge and he intelligently and voluntarily waived them and entered the pleas of guilty.

Judgment affirmed.

Webb and Marshall, JJ., concur. Submitted May 6, 1975 Decided June 11, 1975. Neil L. Heimanson, for appellant. Robert A. Harris, Solicitor, for appellee.

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Bluebook (online)

217 S.E.2d 392, 135 Ga. App. 68, 1975 Ga. App. LEXIS 1564, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-state-gactapp-1975.