State v. Kelley, 298 Ga. 527

Georgia Supreme Court granted certiorari to resolve whether a trial court may enter judgment and impose sentence on a guilty plea to an uncharged, lesser included offense without State consent.
The State may withdraw its consent to a negotiated plea if the court intends to reject the State’s recommended sentence and impose a lighter one.
Terry Kelley was indicted for felony murder; the parties reached a plea to voluntary manslaughter with a 20-year sentence recommendation and cooperation to testify against co-defendants.
The trial court accepted the plea but later sentenced Kelley to 10 years (5 to serve) and ordered truthful testimony; the court stated it had last say despite the plea.
The State objected and moved to set aside the judgment; the trial court vacated and resentenced Kelley to 20 years; the Court of Appeals reversed, reinstating the original judgment.
The Court of Appeals held there was no authority for the State to withdraw its offer when the court intended to sentence less than the State’s recommendation; the Supreme Court reversed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Authority to accept lesser plea without State consent	State argues it may withdraw consent when court rejects the negotiated sentence.	Kelley argues trial court cannot accept a reduced plea without State consent.	Trial court cannot accept a guilty plea to a lesser offense without State consent.
State's right to withdraw upon deviation from recommendation	State may withdraw consent if court imposes a lighter sentence than agreed.	State should be bound by the negotiated plea despite sentence deviation.	State may withdraw consent and demand a trial if the court rejects the negotiated sentence.
Record notice and State's opportunity to withdraw	If the court indicates deviation from the agreement on record, State must object promptly.	State should not be able to preserve a right to trial after notice is given.	State must object on the record before sentencing to preserve withdrawal rights.
Judicial discretion vs. prosecutorial control	State's authority to decide charges and sentences is broad, but judge may sentence within law.	Judge should independently determine sentence; prosecutorial control over sentence is limited.	Prosecution has broad charging and sentence-seeking discretion, but judge cannot override consented lesser plea without timely State objection.

Kelley v. State, 331 Ga. App. 758 (Ga. App. 2015) (State may withdraw plea when court rejects sentence; appellate discussion on authority)
State v. Harper, 279 Ga. App. 620 (Ga. App. 2006) (no comparable authority for State to withdraw offer when court deviates from sentence)
State v. Wooten, 273 Ga. 529 (Ga. 2001) (State authority to decide charges and sentences)
State v. Dawson, 203 Ga. App. 854 (Ga. App. 1992) (prosecutorial discretion in plea bargaining)
Stripling v. State, 289 Ga. 370 (Ga. 2011) (trial court may lack authority to accept plea absent State consent when outcome changes)
State v. Germany, 246 Ga. 455 (Ga. 1980) (requirement to inform defendant of plea rights; prospective rule development)
Bostic v. State, 184 Ga. App. 509 (Ga. App. 1987) (court cannot accept a non-negotiated plea to an offense other than charged)