BADEN v. OCHOA-HERNANDEZ, 771 S.E.2d 898 (2015)
Court: Supreme Court of Georgia
Number: ingaco20150420172
Visitors: 14
Filed: Apr. 20, 2015
Latest Update: Apr. 20, 2015
Summary: THOMPSON , Chief Justice . The trial court granted relief in this habeas corpus case pursuant to an order which reads, in its entirety: "After hearing evidence in the above-styled case, it is hereby ordered that the guilty plea in this case, which was in the Superior Court of Gwinnett County, be withdrawn and the conviction associated therewith be vacated and set aside. [Appellee] shall be remanded to Gwinnett County for further proceedings in accordance with this order." The warden appeals.
Summary: THOMPSON , Chief Justice . The trial court granted relief in this habeas corpus case pursuant to an order which reads, in its entirety: "After hearing evidence in the above-styled case, it is hereby ordered that the guilty plea in this case, which was in the Superior Court of Gwinnett County, be withdrawn and the conviction associated therewith be vacated and set aside. [Appellee] shall be remanded to Gwinnett County for further proceedings in accordance with this order." The warden appeals. ..
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THOMPSON, Chief Justice.
The trial court granted relief in this habeas corpus case pursuant to an order which reads, in its entirety: "After hearing evidence in the above-styled case, it is hereby ordered that the guilty plea in this case, which was in the Superior Court of Gwinnett County, be withdrawn and the conviction associated therewith be vacated and set aside. [Appellee] shall be remanded to Gwinnett County for further proceedings in accordance with this order." The warden appeals.
Because the order granting habeas relief does not contain written findings of facts and conclusions of law upon which the judgment is based, it fails to meet the requirements of OCGA § 9-14-49. Accordingly, the judgment of the habeas court is vacated and the case remanded for issuance of an order in Thomas v. State, 284 Ga. 327, 667 S.E.2d 375 (2008), overruled on other grounds, Crosson v. Conway, 291 Ga. 220, 222, 728 S.E.2d 617 (2012).
Judgment vacated and case remanded with direction.
All the Justices concur.
Source: Leagle
