Ingram v. the State, 338 Ga. App. 552

Andreco Ingram was indicted on gang-related counts, cocaine trafficking, and possession of a firearm by a convicted felon; the State filed a recidivist notice asserting a possible 75-year sentence with no parole.
Ingram agreed to enter a non-negotiated guilty plea after plea counsel negotiated the State to remove the recidivism component and cap the State’s recommended sentence at 40 years (to serve 20).
The trial court sentenced Ingram to 35 years (20 years to serve, remainder on probation).
Ingram moved to withdraw his plea, asserting it was not knowing/voluntary and that plea counsel was ineffective for erroneously advising he would be treated as a recidivist.
The State’s recidivist notice relied on three prior felony “convictions,” but one of those was first-offender treatment and thus not a conviction under Georgia law; therefore recidivist treatment would not apply.
The trial court denied the motion; Ingram appealed. The State conceded counsel’s error and likely prejudice; the Court of Appeals reversed the denial and granted relief.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether plea counsel rendered ineffective assistance by misinforming Ingram he faced recidivist treatment and parole ineligibility	Ingram: counsel erroneously told him he would be subject to recidivist punishment, and he relied on that advice in pleading guilty	State: (conceded ineffective assistance and likely prejudice); trial court found plea voluntary and counsel reasonable	Court: Counsel’s affirmative misinformation about recidivist/parole eligibility was objectively deficient and prejudiced Ingram; reversal granted
Whether Ingram showed prejudice under Strickland (would have gone to trial absent the error)	Ingram: avoiding a 75-year recidivist sentence was the primary reason he pleaded guilty	Trial court: Ingram failed to show he would have insisted on trial	Court: Evidence (and State concession) showed reasonable probability he would not have pled; prejudice established

Strickland v. Washington, 466 U.S. 668 (established two-prong ineffective assistance test)
Alexander v. State, 297 Ga. 59 (applying Strickland to guilty-plea withdrawal claims)
Tillman v. Gee, 284 Ga. 416 (attorney misinformation about parole eligibility is constitutionally deficient)
Davis v. State, 273 Ga. 14 (first-offender plea is not a conviction for recidivist purposes)
Crabbe v. State, 248 Ga. App. 314 (misinformation about parole eligibility satisfies first Strickland prong)
Clue v. State, 273 Ga. App. 672 (concession that counsel’s error would have prevented plea supports prejudice prong)