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245 Ga. 848

Glover v. Jones

Supreme Court of Georgia

Decided June 10, 1980

Supreme Court of Georgia · decided 1980-06-10

Cited by 1 later decisions — most recently November 2014

1 state decisions

Relies on Boykin v. Alabama

Good law ✅— No negative treatment on recordhow we know

Decided 1980-06-10

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Marshall, Justice.

¶1Through the writ of habeas corpus, the appellant seeks to be released from detention and to set aside his conviction of child abandonment, which was entered on a guilty plea. The appellant argues that he was denied the right to assistance of counsel and that the guilty plea was not knowingly and voluntarily entered.

¶2The appellant was arrested on a warrant sworn out by Annette Jackson, which charged him with abandoning his putative daughter, Devea Lanette Jackson.

¶3On the morning of the trial, the appellant appeared before the trial judge and made a request that he be appointed counsel to represent him on the ground that he was indigent. Upon ascertaining from the appellant that he had recently become employed, the trial judge denied the appellant’s request for appointment of counsel, and the trial judge informed the appellant that he would have to either represent himself or hire his own lawyer. The appellant appeared for trial that afternoon, and he informed the prosecuting attorney that he was not going to hire a lawyer and that he would plead guilty.

¶4The transcript from the guilty plea hearing shows that the appellant had fathered several illegitimate children. He denied paternity as to some, and he admitted *849paternity as to others. He was questioned as to several of his alleged illegitimate children, and, as to Annette Jackson’s child, he testified that he did not think that this child was his own. The prosecuting attorney then stated to the trial judge that the accusation on this one was pending.

Submitted May 16, 1980Decided June 10, 1980.James C. Bonner, Jr., for appellant.Arthur K. Bolton, Attorney General, William B. Hill, Jr., Assistant Attorney General, for appellee.

¶5It thus affirmatively appears from the guilty plea transcript that when the appellant pleaded guilty to abandoning Annette Jackson’s child, he did not understand to which charge he was pleading guilty. The state has therefore failed to carry its burden of proving that the guilty plea was knowingly and voluntarily entered. Boykin v. Alabama, 395 U. S. 238, 244 (89 SC 1709, 23 LE2d 274) (1969).

¶6The judgment denying the writ of habeas corpus is reversed.

¶7Judgment reversed.

All the Justices concur.
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