233 S.E.2d 53 | Ga. Ct. App. | 1977
WOFFORD
v.
THE STATE.
Court of Appeals of Georgia.
William Davis Harris, for appellant.
C. B. Holcomb, District Attorney, Frank C. Mills, III, *208 Assistant District Attorney, for appellee.
McMURRAY, Judge.
A plea of guilty was entered by defendant to the offense of burglary and to two misdemeanor charges. Defendant filed a motion for new trial on the burglary indictment, predicated on the three general grounds. This appeal is from the denial of that motion. Held:
"In Bearden v. State, 13 Ga. App. 264 (1) (79 SE 79), this court held: `One who has filed a plea of guilty in a criminal case can not move for a new trial. Where one accused of crime voluntarily pleads guilty to the charge, a new trial can not be granted, for there was no verdict. A plea of guilty may, as a matter of right, be withdrawn before sentence; and after sentence the judge may permit it to be withdrawn upon meritorious grounds, addressed to his discretion; but neither before nor after sentence can a motion for a new trial be employed as a means of withdrawing a plea of guilty.' See also Welch v. State, 63 Ga. App. 277 (11 SE2d 42); Alligood v. State, 108 Ga. App. 453 (133 SE2d 431)." Galbreath v. State, 130 Ga. App. 179 (202 SE2d 562).
Judgment affirmed. Bell, C. J., and Smith, J., concur.
