# Nash v. State

> Supreme Court of Georgia · July 6, 1999 · 271 Ga. 281

URL: https://www.frixlaw.com/law-library/cases/9569524

## Case

- **Full name:** Nash v. the State
- **Court:** Supreme Court of Georgia
- **Decided:** July 6, 1999
- **Citations:** 271 Ga. 281; 99 Fulton County D. Rep. 2518; 519 S.E.2d 893; 1999 Ga. LEXIS 612
- **Precedential status:** Published
- **Opinion:** Concurrence by Sears
- **Judges:** Benham, Fletcher, Hunstein, Sears
- **Cited by:** 110 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9569524

## How later opinions describe it (automated extraction)

- holding that to use a prior guilty plea for recidivist sentencing, the State must prove, among other things, that the defendant had counsel “in all felony cases and those misdemeanor proceedings where imprisonment resulted”

## Opinion text

Sears, Justice,
concurring specially.
I concur with much of what Chief Justice Benham writes in his special concurrence, most especially that as a matter of principle and practicality, it should remain incumbent upon the State to carry the burden of establishing the validity of guilty-plea based prior convictions proffered by the State as evidence that a recidivist defendant’s sentence should be enhanced.
*291 Harry N. Gordon, District Attorney, James D. Love, Assistant District Attorney, for appellee.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9569524. Public record. Not legal advice.