Huff v. Barnett , 230 Ga. 446 ( 1973 )

Undercofler, Justice.

This is a habeas corpus proceeding. The issue here is whether the trial court may accept a guilty plea without first addressing the defendant personally and determining that the plea is made voluntarily with an understanding of the nature of the charge and consequences of the plea and entering the same of record for any review that may be later sought. Boykin v. Alabama, 395 U. S. 238 (89 SC 1709, 23 LE2d 274). In the instant case it was stipulated that the trial court gave no precautionary instruction of any kind to the defendant at the time the guilty plea in issue here was entered. The habeas corpus judge granted the petition and vacated the guilty plea and sentence thereon. Held:

We reverse the habeas corpus court. The record in that court shows that the defendant in the trial court was represented by counsel who advised her of all of her rights and the consequences of entering a guilty plea, after which she elected to enter the plea. This evidence was not refuted by the petitioner. The evidence shows that the plea was voluntarily and knowingly entered. Therefore, the trial judge’s failure to question the petitioner and to make a record thereof was harmless. Laidler v. Smith, 227 Ga. 759 (2) (182 SE2d 891); Purvis v. Connell, 227 Ga. 764, 767 (182 SE2d 892); Grant v. Ault, 228 Ga. 864 (188 SE2d 799); Williams v. Caldwell, 229 Ga. 453 (1) (192 SE2d 378).

Judgment reversed.

All the Justices concur, except Gunter, J., who dissents.