# Kaiser v. State

> Court of Appeals of Georgia · March 28, 2007 · 285 Ga. App. 63

URL: https://www.frixlaw.com/law-library/cases/9850210

## Case

- **Full name:** Kaiser v. the State
- **Court:** Court of Appeals of Georgia
- **Decided:** March 28, 2007
- **Citations:** 285 Ga. App. 63; 2007 Fulton County D. Rep. 1118; 646 S.E.2d 84; 2007 Ga. App. LEXIS 372
- **Precedential status:** Published
- **Opinion:** Concurrence by Bernes
- **Judges:** Adams, Barnes, Andrews, Johnson, Blackburn, Smith, Ruffin, Miller, Ellington, Phipps, Mikell, Bernes
- **Cited by:** 52 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/9850210

## How later opinions describe it (automated extraction)

- 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
- 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

## Opinion text

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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9850210. Public record. Not legal advice.