Philip E. Parker was indicted in Dooley County for burglary and on four separate charges of simple larceny. Mr. Carl Savage, an attorney, was appointed to represent him in each of the cases. After conferring with the accused, he entered pleas of guilty to all of the charges for which applicant was indicted. The pleas were entered on August 16,1965, and the accused was sentenced to serve a term of three years on the burglary charge and a term of one year on each of the other four charges, all to run concurrently.
On May 9, 1966, Parker brought habeas corpus against A. L. Dutton, Warden of the Reidsville State Prison, in which he *533 alleged that the sentences imposed upon him were illegal and void because the court-appointed attorney who represented him and filed his pleas of guilty failed to render him effective legal assistance. On the hearing of the writ, applicant offered no evidence in support of his petition except his own testimony, and the trial judge sustained the writ and remanded him to the authorities of Dooley County for another trial on each of the five indictments. The appeal is from that judgment. Held:
There is a presumption in favor of the validity of sentences and this is especially true where, as here, they are based on pleas of guilty.
Code
§ 38-114;
Stanforth v. Balkcom,
In the present case the prisoner testified that he did not authorize his attorney to enter pleas of guilty for him. No other evidence was offered which supports or tends to support his application for release. It was unanimously held by this court in
Archer v. Clark,
Judgment reversed.