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STINSON v. STATE

No. A03A2554.

592 S.E.2d 141 (2003)

264 Ga. App. 774

STINSON v. The STATE.

Court of Appeals of Georgia.

Reconsideration Denied December 16, 2003.

Certiorari Granted April 1, 2004.

Attorney(s) appearing for the Case

Lane & Crowe, P.C., Robert L. Crowe, Brunswick, for appellant.

Stephen D. Kelley, Dist. Atty., John B. Johnson III, Ann S. Williams, Leslie K. DeVooght, Asst. Dist. Attys., for appellee.

Patrick C. Kaufman, amicus curiae.

BLACKBURN, Presiding Judge.

Following the trial court's denial of his motion to withdraw his guilty plea, Timothy Stinson appeals, contending that, although he signed a Drug Court Contract obligating him to undergo drug rehabilitation, he nonetheless retained the ability to withdraw his plea as a matter of right prior to being sentenced. For the reasons set forth below, we are constrained to agree and reverse.

The record shows that, on December 1, 1998, Stinson...

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