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Rice v. The State

Court reverses order denying defendant's motion to withdraw a guilty plea, and remands case for further proceedings

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Barnes, Presiding Judge. Patrick Rice appeals the denial of his motion to withdraw his guilty plea. For reasons explained below, we reverse the judgment and remand the case for proceedings not inconsistent with this opinion. This is the second appearance of this case before this Court. As we summarized in the first appearance, Rice pled guilty to two counts of child molestation, and the trial court sentenced him to twenty years to serve in confinement on the first count, followed by a consecutive ten years probation on the second count. Rice filed a motion to vacate the sentence, arguing that it was void for failure to meet the split-sentence requirement of OCGA § 17-10-6.2 (b). The trial court denied the motion, and Rice appeal[ed]. The State concede[d] in its brief that Rice must be re-sentenced. Because Rice [was] correct, we vacate[d] the trial court’s order and remand[ed] th[e] case for resentencing.

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