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Scott v. State

The defendant was not entitled to statutory credit for time served in another county on unrelated charges.

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Dudley Scott III appeals from an order of the Superior Court of Laurens County that denied his motion to withdraw his February 2008 guilty plea to armed robbery. In his motion, Scott contended that the sentence entered following his guilty plea did not conform to the terms of the plea agreement because the court failed to give him credit for the time he served in jail while his case was awaiting trial. It is undisputed that, at the time Scott was charged with the Laurens County armed robbery, he was already in jail in Baldwin County on charges from unrelated crimes, and he was still incarcerated for the Baldwin County crimes when he entered his guilty plea to the Laurens County charge. 1. In its order denying Scott’s motion to withdraw his guilty plea, the trial court ruled that Scott had knowingly and voluntarily entered his plea. The trial court also ruled that, before Scott entered his guilty plea, he had been specifically informed that he would not receive credit toward his sentence for the period of time that he had served in the Baldwin County jail, even though the instant charge was pending during part of that time. On appeal, Scott does not challenge these rulings; thus, he has implicitly conceded that he knowingly and voluntarily entered his guilty plea after being informed that he would not receive credit for the time he had already served for the Baldwin County crimes. See, generally, Mantooth v. State , 303 Ga. App. 330, 334 1 a 693 SE2d 587 2010 by failing to assert on appeal that his waiver of his right to a jury trial was invalid, the defendant implicitly conceded that he made such waiver voluntarily, knowingly, and intelligently. Consequently, to the extent that the trial court denied Scott’s motion on these bases, the order is affirmed.

2. Scott contends, however, that the trial court erred in refusing to credit the time he was confined in Baldwin County while the instant case was pending to the sentence he received on his guilty plea, pursuant to OCGA § 17-10-11 a.1 This argument lacks merit.

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