Green v. State, 311 Ga. 238

Corey Green was convicted by a Fulton County jury of malice murder, armed robbery, and related firearm offenses for the October 29, 2013 shooting death of Christopher Peek; he received life without parole plus other sentences.
Surveillance video placed Green at the gas station and in Peek’s car; witnesses (Reeves and Carter) identified Green from photo lineups; cell-phone records and other circumstantial evidence tied Green to the scene.
At sentencing the State introduced five prior felony convictions to seek recidivist treatment under OCGA § 17-10-7(c); two of the priors were Florida nolo contendere pleas.
On appeal Green argued (1) the trial court erred in applying the recidivist statute by counting out‑of‑state nolo contendere pleas and (2) trial counsel was ineffective for advising him not to testify (fear of impeachment with prior acts and inconsistent statements).
The Supreme Court of Georgia analyzed statutory text and precedent (including Hardin and the Court of Appeals’ Miller decisions), and reviewed counsel’s strategic choices under Strickland; it affirmed the convictions and sentences.

Issue	Green’s Argument	State’s Argument	Held
Whether out‑of‑state nolo contendere pleas may be counted as convictions for recidivist sentencing under OCGA § 17‑10‑7(c)	Two Florida nolo pleas should not count because OCGA § 17‑7‑95(c) bars using nolo pleas against a defendant in other proceedings	OCGA § 17‑10‑7(c) expressly requires treating prior convictions under other states’ laws as convictions if those states treat the pleas as convictions; Florida treats nolo pleas as convictions	Affirmed: court applied plain statutory text; Florida nolo pleas counted where they constitute convictions under Florida law and the offenses would be felonies in Georgia; Miller II’s bright‑line bar disapproved to the extent inconsistent; Hardin limited to civil disqualification contexts
Whether trial counsel was ineffective for advising Green not to testify	Counsel’s advice prevented Green from presenting an exculpatory account that might have changed the verdict	Counsel reasonably advised against testifying because of risk of impeachment with prior acts, prior inconsistent statements, Green’s demeanor, and felony record	Affirmed: counsel’s decision was a strategic choice supported by several legitimate concerns and was not patently unreasonable under Strickland

Miller v. State, 162 Ga. App. 730 (Ga. Ct. App. 1982) (Court of Appeals precedent on using nolo pleas for recidivist purposes)
Miller v. State, 353 Ga. App. 518 (Ga. Ct. App. 2020) (Court of Appeals overruling prior rule on nolo pleas; portion disapproved)
Hardin v. Brookins, 275 Ga. 477 (Ga. 2002) (construed as limited to civil disqualification from office when plea is nolo contendere)
Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two‑prong test for ineffective assistance of counsel)
Williams v. State, 306 Ga. 674 (Ga. 2019) (presumption that trial court understands and exercises its discretion)