Opinion
21822.
ARGUED OCTOBER 8, 1962.
DECIDED NOVEMBER 8, 1962.
Habeas corpus. Reidsville City Court. Before Judge Carr.
Sumner Boatright, for plaintiff in error.
Eugene Cook, Attorney General, Earl L. Hickman, Assistant Attorney General, B. Daniel Dubberly, Jr., Deputy Assistant Attorney General, Walker P. Johnson, Jr., contra.
1. "A defendant by habeas corpus cannot review a judgment revoking a probationary sentence imposed upon him, since `habeas corpus cannot be used as a substitute for appeal, writ of error, or other remedial procedure for the correction of errors or irregularities alleged to have been committed by a trial court.' Wallace v. Foster, 206 Ga. 561 ( 57 S.E.2d 920), and citations." Balkcom v. Johnson, 211 Ga. 314 (2) ( 85 S.E.2d 762); Baker v. Dixon, 213 Ga. 709 (1) ( 100 S.E.2d 909).
2. Where a defendant pleads guilty, a judge of a superior court has authority to impose sentence in a county of his circuit other than the county in which the crime was committed. Hall v. Matthews, 210 Ga. 401 ( 80 S.E.2d 167); Thompson v. Lynn, 215 Ga. 165 ( 109 S.E.2d 522).
3. A defendant in a criminal case may not accept the benefits of a probated sentence and thereafter, upon revocation of his probation, obtain his release by habeas corpus upon the ground that his original sentence was based upon a plea of guilty improperly entered. "A writ of habeas corpus can not be properly employed as a substitute for a motion to withdraw a plea of guilty improperly entered; . . ." Cummings v. Perry, 194 Ga. 424 ( 21 S.E.2d 847); Grammer v. Balkcom, 214 Ga. 691 ( 107 S.E.2d 213).
Judgment affirmed. All the Justices concur.
ARGUED OCTOBER 8, 1962 — DECIDED NOVEMBER 8, 1962.
Aaron W. Adams filed a petition for habeas corpus alleging that his minor son, Loyd Adams, was illegally restrained of his liberty by R. P. Balkcom, Warden. From the record it appears that Loyd Adams entered a plea of guilty of the offense of burglary, and was sentenced on September 9, 1960, to not less than three nor more than five years in the penitentiary. The sentence was probated upon the condition that he not violate any city, State, or Federal law. Thereafter he was charged with stealing certain pecans and, according to his testimony, he admitted his guilt when brought before the judge who had imposed the former sentence. The judge revoked the probationary sentence. In the petition for habeas corpus it is contended that Loyd Adams "was not given an opportunity to be fully heard in his own behalf, in person or by counsel," and it is contended that the revocation is void and that the warden holds him illegally.
In the bill of exceptions it is contended that the original sentence imposed upon Loyd Adams was void because the attorney signing the waiver and plea of guilty was without authority to represent him.