Davis v. State, 317 Ga. App. 157

Davis, represented by counsel, pled guilty to aggravated battery and aggravated assault in a non-negotiated/open-ended plea.
Judge informed at plea that there was no sentencing agreement and discretion lay with the court within statutory ranges.
Davis was sentenced to 20 years total (15 years confinement, 5 on probation).
After sentencing, with new counsel, Davis moved to withdraw the plea or reduce sentence on ineffective assistance grounds.
The trial court denied the motion; on appeal, the court uses a mixed question standard for ineffective-assistance claims in guilty-plea contexts.
Davis claimed counsel promised a specific sentence and/or misrepresented parole eligibility and failed to provide discovery materials; the court evaluated credibility and evidentiary support.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether counsel promised a sentence in a nonnegotiated plea	Davis alleges counsel promised a 15-to-2 sentence and time served.	Counsel testified he did not promise a specific sentence; only explained parole guidelines.	No reversible error; credibility weighed against Davis; no ineffective assistance shown.
Whether misstatements about parole eligibility invalidate the plea	Davis asserts parole misrepresentation would have altered plea.	No proof that misrepresentation occurred or affected decision to plead.	Failure to prove deficient performance or prejudice; issue not argued credibly.
Whether counsel’s failure to provide discovery materials constitutes deficient performance	Counsel did not furnish discovery materials on victim injuries and recovery.	Counsel reviewed discovery with Davis before plea and strategy relied on remorse and restitution.	Record supports trial court’s finding of no deficient performance or reasonable probability of different outcome.

Moore v. State, 286 Ga. App. 99 (Ga. App. 2007) (punctuation and footnotes omitted)
Brantley v. State, 290 Ga. App. 764 (Ga. App. 2008) (affirming denial of withdrawal where appellant understood nonnegotiated plea consequences)
Geyer v. State, 289 Ga. App. 492 (Ga. App. 2008) (trial court may find plea freely given absent promised sentences)
Wilson v. State, 302 Ga. App. 433 (Ga. App. 2010) (claims not raised below may be waived; review limits apply)
Rollins v. State, 277 Ga. 488 (Ga. 2004) (reasonable probability required for collateral consequences impact on plea)
State v. Heath, 277 Ga. 337 (Ga. 2003) (addressed collateral effects of guilty pleas and prejudice)
Smith v. State, 287 Ga. 391 (Ga. 2010) (affirmative misrepresentation about adverse collateral effects may render plea invalid)