stating that the Court of Appeals previously had vacated defendant’s sentence “in its entirety” (that is, on all counts
How later courts described this case
- stating that the Court of Appeals previously had vacated defendant’s sentence “in its entirety” (that is, on all counts
- holding that where a sentence is void, a defendant may withdraw his guilty plea as of right until he is properly sentenced
- overruling Lewis and other cases to the extent they held that a trial court may not grant a motion to withdraw a guilty plea outside the term of court in which sentence is imposed if sentence is void
- declining to address whether the sentencing judge failed to establish on the record an adequate factual basis for the plea, since the issue was neither argued nor ruled upon below
Written by the judges who cited it.
The opinion
Bernes, Judge,
concurring specially.
Given the procedural posture of this case, I concur fully in the majority. I write only to say that I believe we erred when we initially held that the invalidity of probation condition vitiated the entire sentence. See Ellis v. State, 221 Ga. App. 103, 104 (1) ( 470 SE2d 495 ) (1996); Davis v. State, 172 Ga. App. 787, 790 (6) ( 324 SE2d 767 ) (1984).