☢ test - Í

Oglesby v. State, 301 Ga.App. 589, 688 S.E.2d 384 (December 11, 2009). Defendant’s guilty plea to felony theft by taking “necessarily incorporates the defendant's voluntary admission of the existence of the factual element that the stolen property had a value greater than $500. Wharton v. Anderson, 270 Ga. 22, 24(2) (504 S.E.2d 670) (1998); see Wright v. Hall, 281 Ga. 318, 319(1) (638 S.E.2d 270) (2006) (by pleading guilty, a defendant waives all defenses except that the indictment failed to charge him with a crime); Cameron v. State, 295 Ga.App. 670, 674(4) (673 S.E.2d 59) (2009) (a plea of guilty generally waives all defenses except those based upon the knowing and voluntary nature of the plea, and once a defendant solemnly admits in open court that he is, in fact, guilty of the offense charged, he generally may not raise independent claims that occurred prior to the entry of his guilty plea).” Accord, Smith (January 25, 2016), above. Moore v. State, 285 Ga. 855, 684 S.E.2d 605 (October 5, 2009). Guilty plea to malice murder waived right to challenge sufficiency of affidavits supporting arrest warrant. “‘‘With a few limited exceptions ..., a plea of guilty generally waives all defenses except that based on the knowing and voluntary nature of the plea.” [Cits.]’ Hicks v. State, 281 Ga. 836, 837 (642 S.E.2d 31) (2007). See also Addison v. State, 239 Ga. 622 (238 S.E.2d 411) (1977).” Accord, Gibson v. State , 290 Ga. 516, 722 S.E.2d 741 (February 6, 2012); Riggs v. State , 319 Ga.App. 189, 733 S.E.2d 832 (October 31, 2012). Bennett v. State, 292 Ga.App. 382, 665 S.E.2d 365 (June 18, 2008). “Bennett argues that the trial court erred in failing to advise him of his right to a direct appeal and his right to withdraw his plea during the plea hearing. Contrary to Bennett’s assertions, he had no unqualified right to a direct appeal and the trial court did not err in failing to inform him of such a non-existent right. See Johnson v. State, 275 Ga. 390, 391(2) (565 S.E.2d 805) (2002); Pitts v. State, 265 Ga.App. 633, 635(2)(e) (595 S.E.2d 322) (2004).” Accord, Davis v. State , 295 Ga.App. 623, 673 S.E.2d 19 (January 22, 2009). Sanders v. State, 282 Ga.App. 834, 640 S.E.2d 353 (December 11, 2006). 1. “[B]y pleading guilty to the four counts in the indictment, Sanders ‘waived all defenses except that the indictment charged no crime.’ Kemp v. Simpson, 278 Ga. 439 (603 S.E.2d 267) (2004). Sanders does not claim that any of the counts charged no crime, but instead argues that the armed-robbery and theft-by-taking counts should have merged. Having pled guilty to both the armed-robbery and the theft-by-taking counts, Sanders ‘admitted to committing both crimes. As such, he is estopped from now claiming that any of the counts to which he pled guilty should have merged. ’ (Footnote omitted.) Harmon v. State, 281 Ga.App. 35, 39(4) (635 S.E.2d 348) (2006).” This line of cases overruled, Nazario v. State , 293 Ga. 480, 746 S.E.2d 109 (July 11, 2013). 2. Defendant waived any complaints about missing information in the indictment (address where offense occurred, amount of money stolen) by pleading guilty. Fleming v. State, 276 Ga.App. 491, 623 S.E.2d 696 (November 21, 2005). “While a plea of guilty waives all defenses known and unknown, the defendant does not waive his right to claim that the indictment itself charges no crime. Wilson v. Reed, 246 Ga. 743(1) (272 S.E.2d 699) (1980).” Payne v. State, 276 Ga.App. 577, 623 S.E.2d 668 (October 27, 2005). Defendant waived claim of right to continuance (due to amendment of accusation) by entering guilty pleas to charges. Ramsey v. State, 267 Ga.App. 452, 600 S.E.2d 399 (May 17, 2004). “‘A knowing and voluntary plea of guilty acts as a waiver of all defenses, known and unknown,’ Brown v. State , 261 Ga.App. 448, 449, 582 S.E.2d 588 (2003),” including, here, venue. “See also OCGA § 17-2-4 (defendant wishing to plead guilty may waive venue).” Accord, Williams v. State , 278 Ga.App. 42, 628 S.E.2d 128 (March 7, 2006); Johnson v. State , 282 Ga.App. 464, 638 S.E.2d 873 (November 17, 2006) (subsequent claim of defense or controverting evidence unavailing to overturn nolo plea); Martin v. State , 329 Ga.App. 10, 763 S.E.2d 363 (September 4, 2014) (guilty plea “waived the defense that the indictment failed to charge venue. See Wright v. Hall, 281 Ga. 318, 319(1), 638 S.E.2d 270 (2006).”). Orr v. State, 276 Ga. 91, 575 S.E.2d 444 (January 13, 2003). Defendant contests a denial of motion to void a conviction of armed robbery on a guilty plea under OCGA § 17-7-70(b) which “prohibits a waiver of indictment when one is charged with a felony punishable by death or life imprisonment.” “[T]he statute does not preclude a trial court’s acceptance of a guilty plea to an accusation charging a felony punishable by life imprisonment when the accused has waived indictment in writing.” State v. Hammons, 252 Ga.App. 226, 555 S.E.2d 890 (November 1, 2001). Trial court erred in granting defendant’s motion to enter valid judgment 10 years after he plead guilty to first-degree vehicular homicide. Defendant waived right to perfect accusation by failing to challenge accusation through special demurrer or motion to quash before entering guilty