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PRICE v. THE STATE.

S89A0385.

(259 Ga. 834)

(388 SE2d 857)

(1990)

HUNT, Justice.

Murder, etc. Fulton Superior Court. Before Judge Hicks.

The transcript of the guilty plea reveals the defendant's concern with this issue at the time of the plea. However, not only his own attorney, but also the trial court explained the difference to him and both times he indicated on the record that he understood this distinction.

Since the record clearly indicates the defendant knew and understood the charges against him and the consequences of pleading guilty, we must affirm. Goodman v. Davis, 249 Ga. 11, 16-17 (287 SE2d 26) (1982); State v. Germany, 245 Ga. 326, 328 (265 SE2d 13) (1980).

1 The defendant was indicted on May 6, 1988, pleaded guilty on January 27, 1989, and was sentenced on March 2, 1989. He filed his notice of appeal on March 31, 1989, and the case was docketed in this court on April 28, 1989. The case was remanded to the superior court for appointment of counsel for appeal on June 22, counsel was appointed on July 24, and the appeal redocketed here on August 8. It was submitted for decision on September 22, 1989.

2 While Price insists, contrary to the state's assertions, he was not the triggerman, he

Lewis R. Slaton, District Attorney, Richard E. Hicks, William L. Hawthorne III, Assistant District Attorneys, Michael J. Bowers, Attorney General, for appellee.

Vernon S. Pitts, Jr., for appellant.

DECIDED FEBRUARY 28, 1990.

Tuesday December 2 19:58 CST

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