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Lamons v. State

318 S.E.2d 509, 170 Ga. App. 745, 1984 Ga. App. LEXIS 2024
CourtCourt of Appeals of Georgia
DecidedApril 27, 1984
Docket67772
StatusPublished
Cited by4 cases

This text of 318 S.E.2d 509 (Lamons 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
Lamons v. State, 318 S.E.2d 509, 170 Ga. App. 745, 1984 Ga. App. LEXIS 2024 (Ga. Ct. App. 1984).

Opinion

Benham, Judge.

Appellant pleaded guilty to the offense of burglary. He filed a motion for new trial, which was denied by the trial court. This appeal followed.

“[I]f there was no verdict of guilty, there can be no trial as the defendant waived trial upon his pleading guilty. One who has entered a plea of guilty cannot move for a new trial. [Cits.] Further, where at no time has a defendant sought to withdraw his plea of guilty a motion for new trial cannot be employed as a motion of withdrawing the plea. [Cits.]” Amos v. State, 161 Ga. App. 281 (2) (287 SE2d 743) (1982).

Inasmuch as appellant failed to withdraw his guilty plea before filing his motion for new trial, the trial court properly denied the motion.

Judgment affirmed.

Banke, P. J., and Pope, J., concur. *746 H. Lamar Cole, District Attorney, for appellee.

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Related

Downs v. State
509 S.E.2d 40 (Supreme Court of Georgia, 1998)
Thompson v. State
419 S.E.2d 541 (Court of Appeals of Georgia, 1992)
Mathis v. State
405 S.E.2d 528 (Court of Appeals of Georgia, 1991)
Brooks v. State
401 S.E.2d 78 (Court of Appeals of Georgia, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
318 S.E.2d 509, 170 Ga. App. 745, 1984 Ga. App. LEXIS 2024, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lamons-v-state-gactapp-1984.