Evans v. State

I respectfully dissent. In Collum v. State, 211 Ga. App. 158 (438 SE2d 401) (1993), we held for the first time that the failure to satisfy Uniform Superior Court Rule 33.9 alone mandates that a subsequent motion to withdraw guilty plea must be granted. Though I concurred specially in Collum, I am now convinced that case was wrongly decided.

Since the majority bases its decision on USCR 33.9, I first note that USCR 33.12, which deals specifically with the matter at hand, provides that “[i]n the absence of a showing that withdrawal is necessary to correct a manifest injustice, a defendant may…