Elrod v. Caldwell

Undercofler, Justice.

Clyde Elrod filled an application for the writ of habeas corpus against the respondent warden in which he asserts that he plead guilty to an accusation for motor vehicle theft under Code Ann. § 26-1813 (Ga. L. 1968, pp. 1249, 1295; 1969, pp. 857, 861) which did not charge him with a second offense. Therefore, he contends that he should have been sentenced as a first offender and should have received a sentence of one to seven years instead of the ten years which was imposed on him as a second offender.

The evidence and the record show that the appellant was represented by…