Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Wilcox v. State

The trial court adopted an inflexible rule in refusing to consider first offender treatment in armed robbery cases.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

This case appears here for the second time. In Wilcox v. State, 236 Ga. App. 235 511 SE2d 597 1999, we affirmed the trial court’s denial of Brandon Wilcox’s motion to withdraw his guilty plea to one count of armed robbery and two counts of kidnapping.1 Wilcox then filed a “Motion to Vacate a Void Sentence” on the ground that the trial court failed to exercise its discretion with respect to his request to be sentenced as a first offender. The trial court denied the motion, and Wilcox appeals. We agree with Wilcox that the trial court did not exercise the discretion with which it was vested, and we reverse and remand this case for resentencing.

Comments by the trial court during the hearing on Wilcox’s motion to withdraw his plea form the basis of Wilcox’s motion to vacate and his arguments on appeal. The court asked defense counsel whether he recalled the court’s statement made in a previous hearing that although the court was authorized by law to do so,2 it “did not intend to give first offender treatment on an armed robbery to reduce the ten years to serve.” The trial court made similar statements at other times during the hearing on Wilcox’s motion to withdraw, once stating that it refused to sentence Wilcox as a first offender to reduce his ten-year sentence because it “would not do that on an armed robbery.” And again the trial court stated that it “would not give first offender in an armed robbery.”

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
County Attorney

The County is looking for a skilled and seasoned County Attorney to oversee the Law Department in delivering top-tier legal services, repres...


Apply Now ›
Corporate General Counsel

Position Summary: The Corporate General Counsel will manage and coordinate all legal and compliance matters affecting the company. The Gen...


Apply Now ›
School Law Associate

We are seeking two attorneys with a minimum of two to three years of experience to join our prominent and thriving education law practice in...


Apply Now ›
Go to Lawjobs