Carson v. State, 314 Ga. App. 225

Carson pled guilty nonnegotiated to armed robbery, three counts of aggravated assault with a deadly weapon, cruelty to children in the first degree, and possession of a firearm during a felony in Douglas County (June 21, 2010).
The trial court sentenced him to 25 years imprisonment, with 13 to serve (July 12, 2010).
Carson moved to withdraw his guilty plea three weeks after sentencing; the trial court denied the motion.
Carson claimed the plea was not knowingly and voluntarily entered and argued lack of understanding of consequences and rights.
Carson also asserted merger error for Count 2 (aggravated assault) with Count 1 (armed robbery) involving the same victim; the State argued waiver due to plea.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the guilty plea was knowingly and voluntarily entered.	Carson argues he misunderstood consequences and thought withdrawal possible if unhappy with sentence.	State contends plea was knowingly and voluntarily entered given reading/writing ability, education, evidence of guilt, and waiver of rights.	No error; plea knowingly and voluntarily entered; State proved understanding of rights and consequences.
Whether Count 2 should have merged with Count 1 under merger rules.	Carson contends merger should apply to avoid multiple punishments.	Waiver applies upon plea; no merger to be considered due to nonnegotiated plea and waiver.	Waiver applies; nonnegotiated plea does not negate waiver of merger rights; no merger required.

Earley v. State, 310 Ga.App. 110 (2011) (burden on State to prove plea knowingly and voluntarily)
Muckle v. State, 283 Ga.App. 395 (2007) (trial court’s discretion on withdrawal of guilty plea)
Barley v. State, 310 Ga.App. 114 (2011) (withdrawal request and bar to excessive sentencing)
Regent v. State, 306 Ga.App. 616 (2010) (waiver of merger rights when defendant pleads to multiple counts)
Sanders v. State, 282 Ga.App. 834 (2006) (waiver principle for multiple counts upon guilty plea)