Legal Opinion · Dissent

Gay v. the State

Court of Appeals of Georgia

Decided June 30, 2017No. A17A0060Published

1DissentMcFADDEN, Presiding Judge

I respectfully dissent from the majority opinion reversing the trial court’s denial of Jerry Gay’s motion to withdraw his guilty plea. The record shows that despite the trial court’s misstatement regarding the sentencing range for armed robbery, Gay actually knew the range of possible sentences before, during, and after the entry of his guilty plea; that prior to sentencing, Gay’s attorney informed the court of its mistake and suggested that the court correct it on the record; that the trial judge then corrected the mistake before the start of the sentencing hearing, and Gay expressly…

2Cases cited6 opinions

  1. Wood v. StateCourt of Appeals of Georgia · 1989
  2. Arnold v. StateSupreme Court of Georgia · 2012
  3. Pike v. StateCourt of Appeals of Georgia · 2000
  4. Trapp v. StateCourt of Appeals of Georgia · 2011
  5. Jones v. StateCourt of Appeals of Georgia · 2014

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