Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Mulkey v. State

The trial court did not inform the defendant that she might receive a harsher sentence when the trial court told her that it intended to reject her negotiated plea agreement.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Monette Mulkey appeals from the judgment entered after she pled guilty to theft by taking. She claims that after the trial court informed her that it intended to reject the negotiated plea agreement, it failed to inform her that the disposition of her case might be less favorable than that contemplated by the plea agreement. We agree and reverse. Mulkey pled guilty to theft by taking pursuant to a negotiated plea agreement. At the plea hearing, the court informed Mulkey, “I will follow the recommendation in part and I won’t follow it in part.” The court did not inform Mulkey that the sentence might be less favorable than the plea agreement. Mulkey pled guilty and the court imposed a harsher sentence than that contemplated by the negotiated plea.

In State v. Germany , 246 Ga. 455 271 SE2d 851 1980, our Supreme Court held: Further, if the trial court intends to reject said plea agreement, the trial court shall, on the record, inform the defendant personally that 1 the trial court is not bound by any plea agreement, 2 the trial court intends to reject the plea agreement presently before it, 3 the disposition of the present case may be less favorable to the defendant than that contemplated by the plea agreement, and 4 that the defendant may then withdraw his or her guilty plea as a matter of right. Id. at 456. See also Uniform Superior Court Rule 33.10.

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
DEPUTY PORT ATTORNEY III

DEPUTY PORT ATTORNEY III Oakland, CA Salary: $17,294 - $21,419/month, 37.5-hr work week Your Port. Your Community. Your Career. Whe...


Apply Now ›
NJ Foreclosure Attorney

Stern, Lavinthal & Frankenberg, LLC, is seeking a foreclosure attorney experienced in the NJ and/or NY foreclosure process and default l...


Apply Now ›
Defense Attorney

Mineola defense firm seeks attorneys with 3-5 years of actual insurance defense experience to handle complex general liability matters. Sala...


Apply Now ›
Go to Lawjobs