English v. State
307 Ga. App. 544
| Ga. Ct. App. | 2010Background
- English was charged in 2001 via accusation with two counts of burglary, one count of entering an automobile with intent to commit theft, and one possession charge; he pled guilty to the three charges, with the State nolle pros the cocaine possession charge.
- Prior to the plea, English signed an Advice and Waiver of Rights form acknowledging the charges and waiving certain constitutional rights.
- At the March 8, 2001 plea hearing, the trial court discussed the charges and rights, and English stated he was satisfied with his counsel and wished to plead guilty; the court found the plea voluntary.
- The State provided factual bases for the plea: (a) December 8, 2000, trailer burglary with nail gun and miter saw; (b) June 13, 2000, private residence burglary and shotgun theft; (c) December 23, 2000, truck burglary and tool theft.
- The court sentenced English to twenty years with five years to serve and advised him of the right to appeal the sentence.
- On November 1, 2007, English filed an out-of-time appeal alleging no factual bases, an unknowing plea, and ineffective assistance; the trial court denied, and this direct appeal follows.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there were factual bases for the guilty pleas and whether the plea was knowingly entered | English | English | Record shows factual bases and voluntary plea; issues resolved against English |
| Whether counsel's failures constitute ineffective assistance affecting the right to appeal | English | State | Claims lack merit; appeal denied on the merits, no prejudice shown |
Key Cases Cited
- Barlow v. State, 282 Ga. 232, 647 S.E.2d 46 (2007) (direct-appeal right from guilty-plea judgment requires record-based issues)
- Moore v. State, 304 Ga.App. 105, 695 S.E.2d 661 (2010) (out-of-time appeal standard; same record-based approach)
- Morrow v. State, 266 Ga. 3, 463 S.E.2d 472 (1995) (out-of-time appeal when counsel ineffective and no direct appeal filed)
- Golden v. State, 299 Ga.App. 407, 683 S.E.2d 618 (2009) (plea-based issues must be resolvable on the record)
- Smith v. State, 287 Ga. 391, 697 S.E.2d 177 (2010) (if direct-appeal would have failed, counsel's failure to advise is not deficient)
- Johnson v. State, 286 Ga. 432, 687 S.E.2d 833 (2010) (ineffective assistance claims depend on record-based resolution)
- Harwood v. State, 303 Ga.App. 23, 692 S.E.2d 665 (2010) (consider ineffective assistance only if issues can be resolved from the record)