Blackwell v. State, 299 Ga. 122

On August 14, 2012, Prinson Blackwell pleaded guilty to malice murder and related offenses, agreeing to testify truthfully against co-indictees Tate and Bradford; sentencing was deferred until after his testimony.
On the eve of his co-defendants’ trial, Blackwell moved to withdraw his guilty plea under OCGA § 17-7-93(b) (which permits withdrawal at any time before judgment is pronounced).
The trial court denied the motion to withdraw; Blackwell appealed the denial prior to sentencing.
The central factual record at the plea hearing includes explicit colloquies with the prosecutor and the court in which Blackwell acknowledged he would not be allowed to withdraw his plea once entered and that the plea would be binding absent fulfillment of his obligations.
The trial court relied on Blackwell’s knowing, voluntary, and intelligent waiver of the pre-sentencing withdrawal right when denying the motion to withdraw.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the statutory right under OCGA § 17-7-93(b) to withdraw a guilty plea before sentencing can be waived	Blackwell argued the statutory right is a matter of right and cannot be waived prior to sentencing	State argued the right can be waived and Blackwell knowingly waived it as part of his plea and cooperation agreement	The Court held the right can be waived and Blackwell knowingly, voluntarily, and intelligently waived it; denial of withdrawal affirmed

Thomas v. State, 260 Ga. 262 (recognizes waiver of certain criminal procedural rights when not constitutionally or statutorily prohibited)
Allen v. Thomas, 265 Ga. 518 (defendant may waive right to seek post-conviction relief as part of plea agreement; waiver can serve mutual interests)
Fair v. State, 245 Ga. 868 (capital pleas and limits on withdrawal where sentencing depends on proof of aggravating circumstances)
State v. Stinson, 278 Ga. 377 (limits on withdrawal where defendant received rehabilitative benefits)
Thompson v. State, 218 Ga. App. 444 (Court of Appeals decision holding pre-sentencing withdrawal right cannot be waived — expressly overruled)
Ware v. State, 128 Ga. App. 407 (Court of Appeals precedent that withdrawal before judgment cannot be waived — expressly overruled)
Hancock v. State, 277 Ga. 835 (party cannot complain of consequences produced by own conduct; cited for plea colloquy effect)