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Terry Kelleyv.The State

CourtCourt of Appeals of Georgia
Docket No.A14A1682
DecidedMarch 30, 2015
Reporter331 Ga. App. 758; 771 S.E.2d 441
JudgesCourt of Appeals of Georgia, Third Division; Presiding Judge Barnes and Judges Boggs and Branch; Judge Boggs authored the opinion
Tags
CriminalCriminal ProcedurePlea in BarContract LawSentencingRight to CounselRemand
Case Summary

Terry Kelley pleaded guilty to voluntary manslaughter under a negotiated agreement in which the State would dismiss the remaining charges and recommend a 20-year sentence. The trial court accepted the reduced-charge plea, imposed ten years with five to serve, and required Kelley to testify truthfully against his codefendants. After the State objected, the court declined to let it withdraw; it later granted the State’s motion to set aside the judgment as illegal and resentenced Kelley to 20 years. The Court of Appeals held that the State had no right to withdraw its consent merely because the court rejected its sentencing recommendation, and that the accepted plea did not become non-negotiated or illegal. Because the sentence was within the statutory range and no law or court rule gave the State a withdrawal right in these circumstances, the court reversed and remanded with direction to re-enter the original conviction and sentence.

Opinion

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