Green v. State
324 Ga. App. 133
Ga. Ct. App.2013Background
- Deshawn Green was indicted on multiple charges including attempted distribution of marijuana, unlawful use of a telephone to facilitate a controlled substances violation, simple assault, attempted robbery by force, and obstruction of an officer.
- At a plea hearing Green pled guilty to unlawful use of a telephone, attempted robbery by force, and obstruction; two charges were nolle prossed. The State recommended a 14-year sentence with a 5-year cap; the court imposed 14 years with 4 to serve.
- After sentencing Green moved to withdraw his guilty plea, alleging ineffective assistance of counsel (counsel allegedly unprepared and met infrequently) and that his plea was not knowingly and voluntarily entered.
- At the withdrawal hearing counsel testified he investigated, reviewed discovery, discussed strategy with Green, and was prepared for trial; Green gave inconsistent testimony about his knowledge of the evidence and whether he would have insisted on trial.
- The trial court credited counsel’s testimony, found no manifest injustice, and denied the motion to withdraw the plea; Green appealed.
Issues
| Issue | Green's Argument | State's Argument | Held |
|---|---|---|---|
| Whether counsel was ineffective such that plea withdrawal is required | Counsel was unprepared (met in person only twice over ~15 months), so Green pled only because he believed counsel was unprepared | Counsel investigated, reviewed discovery, discussed strategy; trial court credited counsel’s testimony | No ineffective assistance; trial court did not abuse discretion in denying withdrawal (Strickland two-part test not satisfied) |
| Whether plea was knowingly and voluntarily entered | Green claims he only said he understood rights to be polite and was nervous/scared; lacked understanding due to counsel’s failure to review evidence | Plea colloquy and signed notice of rights show Green understood charges, penalties, rights waived, and voluntariness; trial court credited plea hearing record and counsel | Plea was knowing and voluntary; trial court properly denied motion to withdraw |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance two-part test)
- Boykin v. Alabama, 395 U.S. 238 (a plea must be voluntary and intelligent; defendant must understand rights waived)
- Hammett v. State, 297 Ga. App. 235 (applying Strickland to plea-withdrawal context)
- Moore v. State, 286 Ga. App. 99 (trial court may credit counsel over defendant regarding plea decisions)
- Stinson v. State, 286 Ga. 499 (trial court authorized to reject defendant’s version and credit counsel)
- Wright v. State, 292 Ga. 825 (State’s burden to show plea was intelligent and voluntary; withdrawal only for manifest injustice)