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S11A1725. FULLWOOD v. THE STATE
State: Georgia
Court: Supreme Court
Docket No: S11A1725
Case Date: 01/09/2012
Preview:Final Copy 290 Ga. 335 S11A1725. FULLWOOD v. THE STATE.

HINES, Justice. This Court granted defendant Stacy Fullwood a certificate of probable cause to appeal an order of the Superior Court of Crisp County denying his petition for writ of habeas corpus, which challenged his 1988 guilty plea to possession of cocaine with intent to distribute. The appeal was granted in order to consider whether the habeas court erred in holding that Fullwood knowingly and voluntarily waived his right to counsel at the guilty plea hearing. For the reasons that follow, we conclude that it was error for the habeas court to find a knowing and voluntary waiver of the right to counsel, and we reverse. On February 22, 1988, Fullwood entered a plea of guilty to Violation of the Georgia Controlled Substances Act by possession of cocaine with intent to distribute, and he was sentenced to ten years on probation under the provisions of the First Offender Act, OCGA
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