Beaver v. State
308 Ga. App. 380
Ga. Ct. App.2011Background
- Beaver pled guilty in Colquitt County Superior Court to two counts of cruelty to children in the second degree.
- The trial court accepted the pleas, imposed five years in confinement and fifteen years on probation, and denied a motion to withdraw the pleas.
- Beaver appealed alleging the accusation was unlawfully drawn, lack of factual basis for the pleas, and ineffective assistance of counsel.
- The court held Beaver waived the challenge to the accusation by not timely challenging it before pleading.
- The court found there was a sufficient factual basis for the guilty pleas based on the state's recital of the accusation and Beaver’s testimony.
- Because the ineffective-assistance issue arose at the earliest practicable opportunity on appeal, the case was remanded for a post-plea evidentiary hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver of accusation challenge | Beaver argues the accusation is unconstitutional. | Beaver failed to timely challenge the accusation prior to pleading. | Waived; no reversal based on accusation form. |
| Factual basis for guilty pleas | Indictment alone cannot prove facts for plea. | Indictment may contain enough information to satisfy elements; factual basis exists here. | Sufficient factual basis; court did not err in accepting pleas. |
| Ineffective assistance claim | Appeal raises ineffective assistance for the first time on appeal. | Remand unnecessary; record shows competent counsel. | Remand to trial court for post-plea evidentiary hearing on ineffective assistance. |
Key Cases Cited
- State v. Hammons, 252 Ga.App. 226 (2001) (waiver of perfect accusation via failure to challenge timely)
- Boykins-White v. State, 305 Ga.App. 827 (2010) (challenge to constitutionality not preserved)
- Adams v. State, 285 Ga. 744 (2009) (indictment may contain information to satisfy elements for guilty plea)
- Green v. State, 265 Ga. 263 (1995) (accusation provides sufficient information to satisfy elements)
- Lamb v. State, 278 Ga.App. 97 (2006) (sufficient factual basis for guilty pleas)
- Ruiz v. State, 286 Ga. 146 (2009) (earliest practicable opportunity to raise ineffectiveness; remand appropriate)