Legal Opinion

Duque v. State

Court of Appeals of Georgia

Decided December 17, 2004No. A04A2348PublishedCited by 9 opinions

1Opinion of the Court

Phipps, Judge.

Juan Duque entered a negotiated Alford 1 plea to two counts of selling methamphetamine. He appeals, claiming that the trial court erred by accepting his plea because it was not voluntarily given and that his lawyers were ineffective for allowing him to plead guilty. We affirm.

1. Under North Carolina v. Alford, 2 , the trial court may accept a guilty plea from a defendant who claims innocence if the defendant has intelligently concluded that it is in his best interest to plead guilty and the court has inquired into the factual basis for the plea and sought to resolve the conflict…

2Cases cited3 opinions

  1. North Carolina v. AlfordSupreme Court of the United States · 1970
  2. Ellis v. StateCourt of Appeals of Georgia · 2000
  3. Smith v. StateCourt of Appeals of Georgia · 2002

3Cited by9 opinions

  1. McKiernan v. StateSupreme Court of Georgia · 2010
  2. Tomlin v. StateCourt of Appeals of Georgia · 2008
  3. Schlau v. StateCourt of Appeals of Georgia · 2006
  4. Storch v. StateCourt of Appeals of Georgia · 2005
  5. Henry v. StateCourt of Appeals of Georgia · 2007

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