State v. Kelley

I agree with the Court of Appeals that

while a defendant can withdraw a negotiated plea if the trial court decides to impose a longer sentence than that recommended by the State, see Uniform Superior Court Rule 33.10, there is no comparable authority allowing for the State to withdraw its offer if the court indicates it intends to sentence the defendant to less time than recommended, and it is not for [the appellate courts] to judicially create such a right out of whole cloth.

Kelley v. State, 331 Ga. App. 758, 758 (771 SE2d 441) (2015) (emphasis in original). For that reason, I respectfully…