Johnson v. State

Full title: JOHNSON v. THE STATE

Court: Court of Appeals of Georgia

Date published: Apr 19, 2005

614 S.E.2d 477 (Ga. Ct. App. 2005)

614 S.E.2d 477

Opinion

A05A0354.

DECIDED APRIL 19, 2005.

Guilty plea; motion to withdraw. Sumter Superior Court. Before Judge Harper.

W. McCall Calhoun, Jr., for appellant.

Cecilia M. Cooper, District Attorney, for appellee.

SMITH, Presiding Judge.

Keith L. Johnson appeals from the denial of his pro se motion to withdraw his guilty plea. The State concedes that Johnson was entitled to the representation of counsel and a hearing on his motion to withdraw the plea.¹ Fortson v. State, 272 Ga. 457 ( 532 SE2d 102) (2000); Kennedy v. State, 267 Ga. App. 314 ( 599 SE2d 290) (2004).

1 Counsel was appointed for this appeal.

We therefore reverse the trial court's denial of Johnson's motion to withdraw his guilty plea and remand this case for an evidentiary hearing.

Judgment reversed and case remanded. Ellington and Adams, JJ., concur.

SMITH, Presiding Judge.

DECIDED APRIL 19, 2005.