Smith v. State

Clarke, Justice.

This matter is before the Court on a certified question from the Court of Appeals: Is a timely filed appeal from a judgment of conviction a prescribed means to challenge a guilty plea?

The Court of Appeals has certified the above question to us because of an apparent conflict between that court’s opinion in Fuller v. State, 159 Ga. App. 512 (284 SE2d 29) (1981), and language in Conlogue v. State, 243 Ga. 141 (253 SE2d 168) (1979). In Fuller the appeal was based upon the court’s failure to inform the defendant of its intention to reject the district attorney’s recommended plea…