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Guest v. State

Court of Appeals of Georgia
Feb 3, 1999
236 Ga. App. 458 (Ga. Ct. App. 1999)

Opinion

A99A0193.

DECIDED FEBRUARY 3, 1999 — RECONSIDERATION DENIED FEBRUARY 15, 1999.

Possession of a firearm by a convicted felon. Gwinnett Superior Court. Before Judge Jackson.

Clarence L. Guest, pro se. Daniel J. Porter, District Attorney, for appellee.


Appellant Clarence Lewis Guest filed this appeal challenging his May 11, 1998 guilty plea for possession of a firearm by a convicted felon. He was sentenced on June 23, 1998, to five years imprisonment, two to serve. On July 22, 1998, he filed a pro se appeal to the Supreme Court of Georgia, which was transferred to this Court on September 11, 1998. We affirm.

Guest also filed a pro se motion to withdraw his guilty plea on July 22, 1998. However, since a direct appeal had been filed by Guest, the trial court lacked jurisdiction over the matter and properly denied such motion on July 24, 1998.

"A direct appeal from a judgment of conviction and sentence entered on a guilty plea is only available if the issue on appeal can be resolved by reference to facts on the record. . . . In this case, [Guest] has not shown that the issues he seeks to raise on appeal can be resolved by reference to facts in the record." Echols v. State, 231 Ga. App. 501 ( 498 S.E.2d 66) (1998). Accordingly, we affirm.

Judgment affirmed. Pope, P.J., and Smith, J., concur.

DECIDED FEBRUARY 3, 1999 — RECONSIDERATION DENIED FEBRUARY 15, 1999.


Summaries of

Guest v. State

Court of Appeals of Georgia
Feb 3, 1999
236 Ga. App. 458 (Ga. Ct. App. 1999)
Case details for

Guest v. State

Case Details

Full title:GUEST v. THE STATE

Court:Court of Appeals of Georgia

Date published: Feb 3, 1999

Citations

236 Ga. App. 458 (Ga. Ct. App. 1999)
511 S.E.2d 880

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