Burkett v. State

Hall, Presiding Judge.

The rule in most jurisdictions is that one who enters a plea to an accusatory pleading does not have the absolute right to withdraw a plea; the granting or refusing of leave to withdraw a plea in a criminal case rests in the sound discretion of the trial court, subject to review for abuse of discretion. 21 AmJur2d 494, Criminal Law, § 503. See also ABA Standards Relating to Pleas of Guilty, p. 9-10. However, in Georgia this common law power of the trial judge was taken away from him by the General Assembly and an accused has the right to withdraw the plea prior to…