Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Jones v. State

The evidence showed that the defendant's guilty plea to two counts of selling cocaine was knowingly and voluntarily entered.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

On the eve of trial, Jeffery Bernard Jones pled guilty in the Superior Court of Grady County to two counts of sale of cocaine OCGA § 16-13-30 b.1 Thereafter, Jones filed a notice of appeal to this Court. Jones alleges that he was “never provided an opportunity for the trial court to make a determination on whether he was informed about the ramifications of a guilty plea” and that his guilty plea was not knowingly and voluntarily entered because he was under the influence of marijuana at his guilty plea hearing.2 Finding no error, we affirm.

As a threshold matter, we note that Jones’ prior counsel timely filed a notice of appeal following the entry of Jones’ sentence. Present counsel then entered an appearance some five months later. Irrespective of this change in counsel, Georgia law is clear that “a criminal defendant does not have an unqualified right to file a direct appeal from a judgment of conviction and sentence entered on a guilty plea; however, where the question on appeal is one which may be resolved by facts appearing in the record, a direct appeal will lie.” Internal punctuation omitted. Kennedy v. State, 319 Ga. App. 498 735 SE2d 819 2012. See also Smith v. State, 266 Ga. 687 470 SE2d 436 1996; Smith v. State, 253 Ga. 169 316 SE2d 757 1984. As a result, “the merits of Jones’ appeal can be addressed if, and only if, the questions that he seeks to raise on appeal may be resolved by facts appearing in the record, including the transcript of his guilty plea hearing.” Kennedy, 319 Ga. App. at 498-499 citing Caine v. State, 266 Ga. 421 467 SE2d 570 1996. And

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Legalweek Leaders in Tech Law Awards 2025
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More
Go to Events Go to Webcasts
Senior Deputy District Counsel / Principal Deputy District Counsel

ABOUT THIS RECRUITMENTOur attorneys face some of the most challenging, cutting-edge legal issues in the environmental field. As such, we ar...


Apply Now ›
SENIOR VICE PRESIDENT FOR LEGAL AFFAIRS AND GENERAL COUNSEL

Hofstra University enrolls over 6,000 undergraduate students and nearly 4,000 graduate students in 13 schools, which feature a variety of de...


Apply Now ›
IP ASSOCIATE, PATENT AGENT, TECHNICAL SPECIALIST (Patent Prosecution) (multiple locations)

McCarter & English, LLP is actively seeking a patent associate, patent agent, or technical specialist for its Intellectual Property Prac...


Apply Now ›
Go to Lawjobs