Bell v. State, 294 Ga. 5

Derrick Bell (age 19) pleaded guilty to conspiracy, malice murder, and second-degree criminal damage after shooting Dominic King; sentenced to life with parole for murder and five years concurrent for property damage; conspiracy merged with murder.
The State dismissed other counts and withdrew its notice seeking life without parole as part of the plea deal.
Nine days after the plea, Bell sought to "take back" his plea; he then testified for co-defendants at their trial. New counsel filed a written motion to withdraw the plea and later a motion to vacate a void sentence; both were denied.
The plea hearing contained a factual proffer and Bell’s allocution: Bell admitted shooting King, claimed he believed King might shoot a third party, but also admitted King’s gun was holstered and not pointed at anyone. Bell testified similarly at his co-defendants’ trial.
At the post-plea hearing, trial counsel said justification defense had been discussed and Bell decided to plead to avoid the risk of life without parole; counsel and the court’s plea colloquy showed Bell knowingly waived rights.
Bell argued on appeal (1) the plea should be withdrawn to correct a manifest injustice (insufficient factual basis / claim of innocence / justification defense conflict with jury-waiver) and (2) the sentence was void because probation was improperly referenced; the court affirmed denial of both motions.

Issue	Bell's Argument	State's Argument	Held
Whether post-sentencing withdrawal of plea is required to correct a "manifest injustice"	Plea lacked sufficient factual basis; he asserted a justification defense/claim of innocence; conflict between jury-waiver and innocence claim	Plea colloquy and record show a voluntary, knowing plea with adequate factual basis; Bell admitted shooting and was aware of justification defense and consequences	Court held no manifest injustice; plea was knowing, voluntary, and supported by factual basis, so withdrawal denied
Whether sentence was void because probation was mentioned	Trial court/prosecutor orally referenced probation, so sentence is illegal/void and Bell may withdraw	Official written sentence (signed judgment) imposed life with parole and a concurrent 5-year term — no probation included; only written sentence controls	Court held sentence was not void; written judgment lawful; motion to vacate void sentence properly denied

North Carolina v. Alford, 400 U.S. 25 (1970) (plea while maintaining claim of innocence described)
Cazanas v. State, 270 Ga. 130 (1998) (State bears burden to show plea was intelligent and voluntary)
Loyd v. State, 288 Ga. 481 (2011) (ways State may satisfy burden re: plea validity)
Maddox v. State, 278 Ga. 823 (2005) (post-sentencing withdrawal allowed only to correct manifest injustice)
State v. Evans, 265 Ga. 332 (1994) (examples of manifest injustice include involuntary plea or ineffective assistance)
McKiernan v. State, 288 Ga. 140 (2010) (acceptance of plea under Alford standard does not necessarily constitute manifest injustice)
Brown v. State, 246 Ga. 251 (1980) (probation portion of sentence invalid where illegal; remand for resentencing to eliminate probation)
Curry v. State, 248 Ga. 183 (1981) (written sentence controls over any inconsistent oral pronouncement)