State v. Germany
| Decision Date | 01 October 1980 |
| Docket Number | No. 36457,36457 |
| Parties | The STATE v. GERMANY. |
| Court | Georgia Supreme Court |
William F. Lee, Jr., Dist. Atty., Michael G. Kam, Asst. Dist. Atty., for appellant.
Frank M. Samford, III, Decatur, for appellee.
This Court granted certiorari to review the Court of Appeals' decision in the case of Germany v. State, 154 Ga.App. 579, 269 S.E.2d 75 (1980).
1. The Court of Appeals, citing Williams v. State, 148 Ga.App. 521, 251 S.E.2d 601 (1978), reaffirmed its prior holding that a defendant has an absolute statutory right, under Code Ann. § 27-1404, to withdraw a guilty plea prior to entry of the defendant's sentencing judgment. We reverse this holding.
Code Ann. § 27-1404 provides that "(A)t any time before judgment is pronounced, the prisoner may withdraw the plea of 'guilty' ..." (Emphasis supplied).
Black's Law Dictionary 4th Ed., p. 1380, states that "to pronounce" means Accord: Griffin v. State, 12 Ga.App. 615, 619, 77 S.E. 1080 (1913). Code Ann. § 102-102(1) provides that, in construing a statute, "The ordinary signification shall be applied to all words, except words of art, or words connected with a particular trade. ..."
Accordingly, we hold that the term, "pronounced," as employed by the Legislature in Code Ann. § 27-1404, means "orally announced" and that, therefore, a defendant does not have an absolute statutory right, under said Code Section, to withdraw a guilty plea, after the trial court's oral announcement of the same. Accord, Federal Rules of Criminal Procedure, Rule 32(d), 18 USCA. All cases such as Wright v. State, 75 Ga.App. 764(2), 44 S.E.2d 569 (1947); Ballard v. State, 131 Ga.App. 847, 848(3), 207 S.E.2d 246 (1974); and Williams v. State, 148 Ga.App. 521, 251 S.E.2d 601 (1978) and others contrary to what is held herein are expressly overruled.
We also hold, however, that at the time a plea is offered, the trial court shall, on the record, require the disclosure of any plea agreement which has been reached by the state and the defendant. Further, if the trial court intends to reject said plea agreement, the trial court shall, on the record, inform the defendant personally that (1) the trial court is not bound by any plea agreement, (2) the trial court intends to reject the plea agreement presently before it, (3) the disposition of the present case may be less favorable to the defendant than that contemplated by the plea agreement, and (4) that the defendant may then withdraw his or her guilty plea as a matter of right. Accord: Federal Rules of Criminal Procedure, Rule 11(e), 18 USCA; ABA Standards, Pleas of Guilty, § 4.1 (1974). If the plea is not then withdrawn, sentence may be pronounced and the plea cannot thereafter be withdrawn except upon the...
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Kaiser v. State
..."at any time before judgment is pronounced" means at any time before the judge orally pronounces sentencing. State v. Germany, 246 Ga. 455, 456(1), 271 S.E.2d 851 (1980). A defendant, therefore, has an absolute right to withdraw his plea before sentence is pronounced, but after sentencing t......
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Gramiak v. Beasley
...the State, and has the discretion to refuse to accept a negotiated guilty plea. See Superior Court Rule 33.5 (C) ; State v. Germany , 246 Ga. 455 (1), 271 S.E.2d 851 (1980) ; Walker v. State , 341 Ga. App. 742, n. 1, 801 S.E.2d 621 (2017). Consequently, a showing of prejudice as a result of......
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...intention and allow the State to exercise its authority to withdraw its consent to the plea and demand a trial. Cf. State v. Germany, 246 Ga. 455, 271 S.E.2d 851 (1980). If the State does not object, it will be presumed to have consented to both the defendant's plea to the lesser charge and......
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...the defendant of that fact prior to sentencing and to give the defendant an opportunity to withdraw the plea.6 See State v. Germany, 246 Ga. 455, 455(1), 271 S.E.2d 851 (1980) ; Brown v. State, 324 Ga.App. 194, 196, 749 S.E.2d 781 (2013). At the same time, once a plea agreement has been san......
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