Jenkins v. Montgomery

Clarke, Justice.

This is a habeas corpus case in which the applicant Jenkins complains that his plea of guilty to one of several offenses for which he is imprisoned was not freely and voluntarily given. The issue is whether a five-year sentence for motor vehicle theft is concurrent with certain other sentences or consecutive to them. The trial court held that Jenkins did not carry his burden of proof. We disagree.

When Jenkins appeared in court for the purpose of entering the pleas involved in this case he was already serving an eighteen-year sentence for convictions in Fulton County. After a…