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Christopher Shawn McCraniev.The State

CourtCourt of Appeals of Georgia
Docket No.A15A2008
DecidedFebruary 2, 2016
Reporter335 Ga. App. 548; 782 S.E.2d 453
JudgesPresiding Judges Andrews and Miller, and Judge Rickman; Miller authored
Tags
CriminalCriminal ProcedureSentencingSex CrimesIneffective Assistance of CounselVacaturRemandReversalPlea in BarTales From the Crypt
Case Summary

The Court of Appeals concluded that the trial judge’s participation in plea negotiations rendered McCranie’s guilty plea involuntary, but affirmed denial of his motion to withdraw it because the motion was untimely. It held that McCranie had a possible direct-appeal claim and that the trial court had to determine whether he or counsel caused the missed appeal deadline; it reversed and remanded for that inquiry. The court also held his ten-year probation sentence for statutory rape void because it fell below the mandatory minimum prison term and lacked written findings supporting a departure. It vacated that sentence and remanded for resentencing to impose the minimum or enter written findings supporting a lawful departure.

Opinion

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