Gayton v. State

Birdsong, Chief Judge.

Larry Dean Gayton was convicted upon his plea of guilty of the offense of driving under the influence. With the joint consent of the prosecutor and the trial court, Gayton secured the asserted right to file an appeal based upon a claim of selective prosecution notwithstanding his plea of guilty. Held:

Though we are of the opinion that a plea of guilty waives any asserted trial errors (Taylor v. State, 169 Ga. App. 779 (315 SE2d 288)), we will honor the promise of the right of appeal upon the issue stipulated by agents of the State. See State v. Hanson, 249 Ga. 739 (295…