---
title: O.C.G.A. § 38-2-1045. Pleas of accused.
collection: code
id: 38-2-1045
cite_as: O.C.G.A. § 38-2-1045 (2025)
canonical_url: https://georgiacommons.org/code/38-2-1045
md_url: https://georgiacommons.org/code/38-2-1045.md
text_url: https://georgiacommons.org/code/38-2-1045/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t37-t39-(v28)-2021-pdf.pdf?sfvrsn=c6b9c518_0#page=477
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS / MILITARY AFFAIRS / CODE OF MILITARY JUSTICE / TRIAL PROCEDURES
---

# O.C.G.A. § 38-2-1045. Pleas of accused.

(a) If an accused after arraignment makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that the accused has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect or if the accused fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though the accused had pleaded not guilty.

(b) With respect to any charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge or by a court-martial without a military judge, a finding of guilty of the charge or specification may be entered immediately without vote. Such finding shall constitute the finding of the court unless the plea of guilty is withdrawn prior to announcement of the sentence, in which event, the proceedings shall continue as though the accused had pleaded not guilty.

## History

Code 1981, § 38-2-1045, enacted by Ga. L. 2015, p. 753, § 1/HB 98.

## U.s. Code.

For similar provision in Uniform Code of Military Justice, see 10 U.S.C. § 845.