Underwood v. the State

Trimaine Underwood appeals from the trial court’s denial of his motion to withdraw his guilty plea, arguing that when the trial court rejected his plea agreement with the State, it failed to comply with the requirements of Uniform Superior Court Rule (“USCR”) 33.10 and State v. Germany, 246 Ga. 455 (271 SE2d 851) (1980). We agree and reverse.

In January 2012, Underwood was charged with two counts of theft by shoplifting. At his plea hearing in June 2014, he presented a negotiated plea agreement to the trial court. Under the terms of that agreement, the State recommended a sentence of…