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GAYTON v. STATE

74688.

184 Ga. App. 387 (1987)

361 S.E.2d 691

GAYTON v. THE STATE.

Court of Appeals of Georgia.

Rehearing Denied September 30, 1987.

Attorney(s) appearing for the Case

Virgil L. Brown, Christopher C. Edwards, for appellant.

John T. Newton Jr., Solicitor, for appellee.

Michael J. Bowers, Attorney General, Marion O. Gordon, First Assistant Attorney General, Daryl A. Robinson, Senior Assistant Attorney General, Neal B. Childers, Staff Assistant Attorney General, amici curiae.

BIRDSONG, Chief Judge.

Larry Dean Gayton was convicted upon his plea of guilty of the offense of driving under the influence. With the joint consent of the prosecutor and the trial court, Gayton secured the asserted right to file an appeal based upon a claim of selective prosecution notwithstanding his plea of guilty. Held:

Though we are of the opinion that a plea of guilty waives any asserted trial errors (Taylor v. State,

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