Wilcox v. State

Smith, Presiding Judge.

This case appears here for the second time. In Wilcox v. State, 236 Ga. App. 235 (511 SE2d 597) (1999), we affirmed the trial court’s denial of Brandon Wilcox’s motion to withdraw his guilty plea to one count of armed robbery and two counts of kidnapping. Wilcox then filed a “Motion to Vacate a Void Sentence” on the ground that the trial court failed to exercise its discretion with respect to his request to be sentenced as a first offender. The trial court denied the motion, and Wilcox appeals. We agree with Wilcox that the trial court did not exercise the discretion…