Legal Opinion

Gresham v. State

Court of Appeals of Georgia

Decided September 22, 2009No. A09A1431PublishedCited by 4 opinions

1Opinion of the Court

Adams, Judge.

Terrell Gresham appeals the denial of his motion to withdraw his guilty plea to charges of burglary and possession of tools for the commission of a crime. He contends his court-appointed lawyer was ineffective and withdrawal is necessary to correct a manifest injustice. We affirm.

The decision regarding whether a guilty plea may be withdrawn lies within the sound discretion of the trial court. Franklin v. State, 291 Ga. App. 267, 268 (661 SE2d 870) (2008). And when the request to withdraw a plea is based on ineffective assistance of counsel, “the defendant bears the burden of…

2Cases cited4 opinions

  1. State v. HeathSupreme Court of Georgia · 2003
  2. Johnson v. StateCourt of Appeals of Georgia · 2003
  3. Franklin v. StateCourt of Appeals of Georgia · 2008
  4. Heath v. StateCourt of Appeals of Georgia · 2004

3Cited by4 opinions

  1. McGuyton v. StateSupreme Court of Georgia · 2016
  2. Coleman v. the StateCourt of Appeals of Georgia · 2016
  3. Green v. StateCourt of Appeals of Georgia · 2013
  4. Deshawn Rahmel Green v. StateCourt of Appeals of Georgia · 2013

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