Spurgeon v. State

Blackburn, Judge.

This is an appeal from the trial court’s denial of Durward Spurgeon’s motion to withdraw his guilty plea to two misdemeanor counts of theft by deception. Spurgeon was also charged with two counts of theft by taking, but the theft by taking charges merged with the deception charges. See OCGA § 16-1-7. In five separate enumerations, Spurgeon challenges the validity of his guilty plea.

“ ‘Once the question of the validity of a guilty (or nolo con-tendere) plea has been raised, the burden is on the State to show that the plea was intelligently and voluntarily entered. The State…