Gower v. State
313 Ga. App. 635
Ga. Ct. App.2012Background
- Gower was indicted on one count of burglary; he pled guilty nonnegotiated on July 8, 2010.
- Gower claimed his trial counsel was ineffective and sought to withdraw the plea before sentencing.
- The defense asserted counsel failed to adequately prepare and failed to interview key witnesses.
- The trial court denied the motion to withdraw the guilty plea after a hearing.
- The appellate court affirmed, holding no ineffective assistance and no abuse of discretion in denying withdrawal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was trial counsel ineffective under Strickland? | Gower argues counsel deficient; inadequate investigation. | Gower asserts counsel failed to prepare and interview witnesses. | No, defense did not prove deficient performance. |
| Did the trial court abuse its discretion by denying withdrawal of the plea? | Gower seeks withdrawal to avoid manifest injustice. | State contends no manifest injustice shown; denial proper. | No abuse of discretion; denial affirmed. |
| Did Gower show dose of prejudice from counsel's purported deficiency? | But-for prejudice would have led to trial. | No showing that trial would have occurred; plea was strategic. | Not demonstrated; no manifest injustice. |
Key Cases Cited
- Earley v. State, 310 Ga.App. 110 (2011) (standard for appellate review of guilty plea withdrawal; abuse of discretion absent manifest error)
- Trapp v. State, 309 Ga. App. 436 (2011) (final arbiter of factual disputes; affirm if evidence supports findings)
- Navarrette v. State, 298 Ga.App. 637 (2009) (legal conclusions reviewed de novo; standard of review applied to trial court)
- Rios v. State, 281 Ga. 181 (2006) (ineffective assistance framework; requires deficient performance and prejudice)
- Williams v. State, 296 Ga.App. 270 (2009) (impeachment considerations; credibility and evidence admissibility)