UPTON v. the STATE.
Court of Appeals of Georgia
1Opinion of the Court
Coomer, Judge.
Adolphus Upton appeals the trial court's order denying his motion to withdraw his guilty plea. He contends that his plea counsel provided ineffective assistance, and that he did not knowingly and voluntarily enter the plea. Although we find that Upton's plea was freely and voluntarily entered into and that he did not receive ineffective assistance of counsel, we nonetheless vacate five of his sentences, as detailed below, because the sentence imposed on each of those counts is unlawful.
After sentencing, a guilty plea may only be withdrawn if the defendant establishes that such…
2Cases cited12 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Smith v. StateSupreme Court of Georgia · 2015
- Domingues v. StateSupreme Court of Georgia · 2003
- Kaiser v. StateCourt of Appeals of Georgia · 2007
- Wright v. StateSupreme Court of Georgia · 2013
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