Legal Opinion

Davenport v. State

Court of Appeals of Georgia

Decided November 20, 1975No. 51464PublishedCited by 10 opinions

1Opinion of the Court

Pannell, Presiding Judge.

1. "A plea of guilty may be withdrawn at any time before the sentence is pronounced... When is a sentence pronounced? Does the mere signing of the written judgment constitute the pronouncement of the sentence? No, there is one step further to be taken before pronouncement of the sentence is complete. The judgment must be in writing, it must be signed, and it must be filed ■with the clerk of court.” Ballard v. State, 131 Ga. App. 847 (207 SE2d 246); Code § 27-1404.

2. Section 1 of the Act providing for probation for first offenders (Ga. L. 1968, pp. 324, 325; Code Ann.…

2Cases cited1 opinion

  1. Ballard v. StateCourt of Appeals of Georgia · 1974

3Cited by10 opinions

  1. Dean v. StateCourt of Appeals of Georgia · 1985
  2. State v. StinsonSupreme Court of Georgia · 2004
  3. Simmons v. StateCourt of Appeals of Georgia · 2012
  4. Johanson v. StateCourt of Appeals of Georgia · 2003
  5. Stinson v. StateCourt of Appeals of Georgia · 2004

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