Dennis v. State
292 Ga. 303
| Ga. | 2013Background
- Dennis pled guilty in March 2011 to felony murders, kidnapping, armed robbery, arson, firearms offenses, and felon in possession, receiving multiple life sentences concurrent and additional 30-year term consecutive.
- In July 2012 Dennis moved for an out-of-time appeal; the trial court denied the motion for want of entitlement.
- Dennis appeals, asserting several trial deficiencies including lack of jurisdiction due to venue and insufficiency of indictment, and that sentencing included surplusage counts.
- The Court applies controlling standards: appeals from guilty-plea judgments require issues resolvable by the record; denial of out-of-time appeal reviewed for abuse of discretion.
- Dennis contends the indictment lacked proper venue; the record shows counts alleging Crisp County as the place of crime, giving proper venue.
- Dennis argues the indictment failed to charge elements and thus plea was involuntary; the indictment tracked statutes and provided notice, supporting validity under cited authority.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Venue adequacy in indictment | Dennis argues indictment lacked venue | State claims venue pleaded; record supports Crisp County | Venue sufficient; jurisdiction proper. |
| Indictment sufficiency and voluntariness | Indictment failed to charge elements, making plea involuntary | Indictment tracked statute and provided notice | Indictment sufficient; plea voluntary. |
| Surplusage counts and merger | Sentence included surplusage counts | Court merged aggravated assault into felony murder per statute | No improper surplusage; merger proper. |
| Out-of-time appeal denial | denial of out-of-time appeal merits review | Record shows no merit to claimed errors | Trial court did not abuse discretion; denial affirmed. |
Key Cases Cited
- Landers v. State, 285 Ga. 575 (2009) (venue allegation sufficient; county-specific venue suffices)
- Weatherbed v. State, 271 Ga. 736 (1999) (reversible error to accept guilty plea without indictment (overruled on other grounds))
- Orr v. State, 276 Ga. 91 (2003) (overruled Weatherbed on other grounds; context cited)
- Falagian v. State, 300 Ga. App. 187 (2009) (indictment adequate when tracks statute and provides notice)
- Brown v. State, 290 Ga. 321 (2012) (abuse-of-discretion standard for out-of-time appeals)
- Adams v. State, 285 Ga. 744 (2009) (out-of-time appeal standard for merit review)