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Lawskills.com Georgia Caselaw
ADAMS v. BALKCOM, Warden.
21822.
HEAD, Presiding Justice, 1.
Habeas corpus. Reidsville City Court. Before Judge Carr.
"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 SE2d 920), and citations." Balkcom v. Johnson, 211 Ga. 314 (2) (85 SE2d 762); Baker v. Dixon, 213 Ga. 709 (1) (100 SE2d 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 SE2d 167); Thompson v. Lynn, 215 Ga. 165 (109 SE2d 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 SE2d 847); Grammer v. Balkcom, 214 Ga. 691 (107 SE2d 213).
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.
Eugene Cook, Attorney General, Earl L. Hickman, Assistant Attorney General, B. Daniel Dubberly, Jr., Deputy Assistant Attorney General, Walker P. Johnson, Jr., contra.
Sumner & Boatright, for plaintiff in error.
ARGUED OCTOBER 8, 1962 -- DECIDED NOVEMBER 8, 1962.
Friday May 22 22:38 EDT


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