Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Malone v. State

The defendant's motion to withdraw his guilty plea was properly denied, since the State met its burden of proving that the defendant offered his plea knowingly, intelligently and voluntarily.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Marlo A. Malone was indicted for committing the crimes of incest, aggravated child molestation, aggravated sexual battery, aggravated sodomy, and child molestation. Following a hearing, Malone entered a non-negotiated guilty plea on all counts, and he was sentenced to serve thirty years in confinement.1 Malone appeals from the trial court’s subsequent denial of his motion to withdraw his guilty plea. Finding no abuse of discretion, we affirm.

Malone argues that the State failed to show that he entered his plea with an understanding of the consequences because he was under the influence of medication when he entered his plea. Whether to grant a motion to withdraw a guilty plea is “within the sound discretion of the trial court and will not be disturbed absent a manifest abuse of such discretion.” Footnote omitted. Frost v. State, 286 Ga. App. 694 649 SE2d 878 2007. Upon a challenge to the validity of a guilty plea, the State has “the burden of showing affirmatively from the record that the defendant offered his plea knowingly, intelligently, and voluntarily.” Footnote omitted. Id. The State’s burden may be met “by 1 showing on the record that the defendant was cognizant of his rights and the waiver of those rights, or 2 using extrinsic evidence that shows affirmatively that the guilty plea was entered knowingly and voluntarily.” Footnote omitted. Shaw v. State, 302 Ga. App. 363, 364 1 691 SE2d 267 2010.

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
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
Client Services/Hospitality Representative - Florida Office

CLIENT SERVICES/Hospitality REPRESENTATIVE-FLORIDA OFFICE Prominent mid-Atlantic law firm with multiple regional office locations seeks a f...


Apply Now ›
Legal Practice Assistant - Florida Office

Prominent mid-Atlantic law firm with multiple regional office locations seeks a legal practice assistant (LPA) for our Boca Raton, FL. Offic...


Apply Now ›
Litigation Associate - Philadelphia, PA

Description: Fox Rothschild has an opening in the Philadelphia, PA office for a litigation associate. The ideal candidate will have two to t...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements