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Patrick Ricev.The State

CourtCourt of Appeals of Georgia
Docket No.A19A1645
DecidedMarch 6, 2020
Reporter285 Ga. App. 63
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal LawCriminal ProcedurePost-Conviction ReliefAppellate ProcedureReversalVacaturRemand
Case Summary

Patrick Rice pleaded guilty to two counts of child molestation and received sentences that did not comply with Georgia’s statutory split-sentence requirement. After an earlier appeal required resentencing, Rice moved to withdraw his guilty plea before resentencing, arguing that the void sentences left him in the same position as a defendant who had not yet been sentenced. The Georgia Court of Appeals held that the law-of-the-case doctrine did not bar consideration of the withdrawal motion because the earlier decision had not addressed that issue. The court reversed the denial of the motion and remanded for the trial court to reconsider and rule on it. The appellate court also vacated the prior final disposition to the extent necessary to permit that reconsideration.

Opinion

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