312 Ga. App. 80
Ga. Ct. App.2011Background
- Ford pled guilty to aggravated assault and possession of a knife during the commission of a crime, receiving ten years of a twenty-five-year sentence.
- He appeals the trial court's denial of his motion to withdraw his guilty plea.
- Ford was represented by private counsel at the plea; he later sought indigent counsel to assist with withdrawing the plea.
- Ford sent a March 8, 2011 letter to the indigent case manager requesting assistance to withdraw the plea; a marginal note indicates no representation by the recipient.
- Ford represented himself at the motion-to-withdraw-plea hearing after not being appointed counsel for that proceeding.
- Fortson v. State requires appointment or valid waiver of counsel when a defendant seeks to withdraw a guilty plea, otherwise reversal and remand are appropriate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel must be appointed for the motion to withdraw the plea | Ford | Ford | Yes; appointment required and absence is prejudicial |
Key Cases Cited
- Fortson v. State, 272 Ga. 457, 532 S.E.2d 102 (2000) (Ga. 2000) (right to counsel attaches when withdrawing a guilty plea; trial court must appoint or validly waive)
- Kennedy v. State, 267 Ga.App. 314, 599 S.E.2d 290 (2004) (Ga. App. 2004) (recited standard on counsel for plea-related motions)
- Murray v. State, 265 Ga.App. 119, 592 S.E.2d 898 (2004) (Ga. App. 2004) (right to counsel extends through direct appeal of denial of motion to withdraw)