Martin v. State

Hill, Justice.

The defendant plead guilty to robbery and aggravated assault in the Superior Court of Cobb County. He was sentenced in November, 1971, to seventeen years imprisonment. In March, 1976, while incarcerated at Reidsville Prison in Tattnall County, the defendant filed a motion to vacate and set aside in the trial court, the Superior Court of Cobb County. This motion was denied and the defendant appealed to the Court of Appeals. That court interpreted Waye v. State, 239 Ga. 871 (238 SE2d 923) (1977), to require that a motion to vacate be considered a petition for habeas corpus, thus…