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Bryan v. State

The defendant voluntarily, knowingly, and intelligently waived his appeal rights pursuant to his negotiated guilty plea.

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A Chattooga County jury convicted Michael Lynn Bryan of three counts of possession of a firearm by a convicted felon in violation of OCGA § 16-11-131 b. Bryan appeals the trial court’s denial of his motion for new trial, contending that his trial counsel rendered ineffective assistance of counsel. Notwithstanding Bryan’s contention, he waived his right to appeal this case pursuant to a negotiated agreement with the state. Consequently, we dismiss this appeal. The record shows that Bryan was arrested, charged, tried, and convicted of three counts of possession of a firearm by a convicted felon “the firearms convictions”. He was sentenced as a recidivist to three consecutive five-year terms to serve without the possibility of parole, for a total of 15 years imprisonment.1

After his trial and conviction on the firearms charges, Bryan faced prosecution on five drug cases that remained pending in the trial court. Bryan entered into a plea and sentencing agreement with the state to resolve the outstanding cases. In accordance with the agreement, Bryan entered a negotiated guilty plea to all of the pending cases and was sentenced as a recidivist to 30 years, 15 years to serve in confinement without the possibility of parole, to run concurrently with the sentence imposed for the firearms convictions.2 As part of the agreement, Bryan also voluntarily entered a waiver of his right to appeal the firearms convictions.

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