Stapp v. State

Marshall, Justice.

On Eddie Stapp’s appeal from the entry of judgment on his plea of guilty to the charge of theft by taking and the 12-months’ imprisonment sentence, the Court of Appeals affirmed, rejecting his contentions of denial of assistance of counsel and of his unknowing and involuntary entry of the guilty plea. 160 Ga. App. 427 (287 SE2d 234) (1981). We granted certiorari, and reverse on both grounds.

1. There is evidence in the record as follows. When the defendant was charged with theft by taking (stealing five gallons of gasoline from an automobile), he made no attempt to contact a…