Legal Opinion
Green v. State
Court of Appeals of Georgia
Decided February 9, 2007No. A06A2179PublishedCited by 3 opinions
1Opinion of the Court
Ellington, Judge.
On November 28, 2005, Kenya Green pled guilty to attempted escape, OCGA § 16-10-52. See also OCGA § 16-4-1 (criminal attempt). At the time he entered his plea pro se, however, Green asserted that the attempted escape was a misdemeanor, not a felony. After the trial court accepted Green’s guilty plea, it imposed a felony sentence of five years to serve, pursuant to OCGA §§ 16-10-52 (b) (1) and 16-4-6 (b).1 On appeal, Green contends the trial court erred in sentencing him for a felony. We agree. Therefore, we vacate Green’s sentence and remand this case to the trial court with…
2Cases cited4 opinions
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Gagnon v. ScarpelliSupreme Court of the United States · 1973
- Smith v. StateCourt of Appeals of Georgia · 1980
- Johnson v. BoyingtonSupreme Court of Georgia · 2001
3Cited by3 opinions
- Joiner v. StateCourt of Appeals of Georgia · 2009
- State v. LangleyLouisiana Court of Appeal · 2011
- State of Louisiana v. Ricky Joseph LangleyLouisiana Court of Appeal · 2011