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Raymond Lambv.The State

CourtCourt of Appeals of Georgia
Docket No.A17A0691
DecidedApril 13, 2017
Reporter335 Ga. App. 639
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedurePost-Conviction ReliefIneffective Assistance of CounselSentencingDue Process
Case Summary

Raymond Lamb pleaded guilty to child molestation and incest in 2013 and received a total 35-year sentence, with the first 18 years in confinement. He later sought an out-of-time appeal, asserting that medication affected the voluntariness of his plea and that plea counsel failed to present his diminished mental capacity. The trial court denied the motion. The Georgia Court of Appeals held that a guilty-plea appeal may proceed only when the asserted issue can be resolved from the existing record. The plea transcript showed that Lamb answered coherently, confirmed that he understood the proceedings, and denied that medication impaired him, so the court affirmed the ruling on that claim. His ineffective-assistance contention required a post-plea hearing. The court also held that the 25-year sentence for child molestation exceeded the statutory maximum of 20 years. It affirmed in part, vacated that sentence, and remanded for resentencing.

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