Cunningham v. State

McMurray, Presiding Judge.

Defendant Cunningham pleaded guilty to a single violation of the Georgia Controlled Substances Act (possession of cocaine) and received a two-year probated first offender sentence. He appeals from the superior court’s order denying his motion to withdraw his plea at a resentencing hearing necessitated by the State’s discovery after initial sentencing that he had previously pled guilty to burglary under the First Offender Act, rendering him ineligible for first offender treatment. The defendant challenges the validity of his guilty plea in two enumerations of error.…