Duncan v. State

Bell, Chief Judge.

Defendant entered a plea of guilty to burglary and was sentenced to an indeterminate sentence under the Youthful Offender Act. Code Ann. §§ 77-345 through *68677-360. Following this judgment, in a habeas corpus suit, the sentence was set aside as defendant was not eligible to be sentenced under the Youthful Offender Act, and the court ordered the case remanded for resentencing, stating that the petitioner’s plea of guilty and his conviction were valid and not affected by the order. Accordingly, after hearing argument, defendant was resentenced and advised of his right to withdraw…