Lee v. State

Deen, Presiding Judge.

1. While several older cases support the proposition that a "motion for new trial” cannot be made by one who has pled guilty in a criminal case, recognizing that substance and not mere nomenclature controls, we consider the motion as one to withdraw the pleas of guilty. Galbreath v. State, 130 Ga. App. 179 (202 SE2d 562). While at any time before sentence is passed a defendant may withdraw a plea of "guilty,” after sentence is passed a motion to withdraw such a plea is within the sound legal discretion of the judge. Code § 27-1404; Griffin v. State, 12 Ga. App. 615 (4)…