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WOFFORD v. THE STATE.

McMURRAY, Judge.

A plea of guilty was entered by defendant to the offense of burglary and to two misdemeanor charges. Defendant filed a motion for new trial on the burglary indictment, predicated on the three general grounds. This appeal is from the denial of that motion. Held:

"In Bearden v. State, 13 Ga. App. 264 (1) ( 79 S.E. 79), this court held: `One who has filed a plea of guilty in a criminal case can not move for a new trial. Where one accused of crime voluntarily pleads guilty to the charge, a new trial can not be granted, for there was no verdict. A plea of guilty may, as a matter of right, be withdrawn before sentence; and after sentence the judge may permit it to be withdrawn upon meritorious grounds, addressed to his discretion; but neither before nor after sentence can a motion for a new trial be employed as a means of withdrawing a plea of guilty.' See also Welch v. State, 63 Ga. App. 277 ( 11 S.E.2d 42); Alligood v. State, 108 Ga. App. 453 ( 133 S.E.2d 431)." Galbreath v. State, 130 Ga. App. 179 ( 202 S.E.2d 562).

Judgment affirmed. Bell, C. J., and Smith, J., concur.

SUBMITTED JANUARY 19, 1977 — DECIDED FEBRUARY 7, 1977.
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WOFFORD v. STATE
(Feb 7, 1977)