Jones v. State
325 Ga. App. 845
| Ga. Ct. App. | 2014Background
- Jones pled guilty to one count of theft by deception under OCGA § 16-8-3 after indictment in 2011 for taking $2,611.29 from an elderly victim in a roofing scheme.
- He was sentenced to ten years with five years to be served in custody; he appeals denial of his motion to withdraw the guilty plea.
- He argues the five-year portion is grossly disproportionate to the crime and that the plea was not knowingry entered.
- The court reviews for gross disproportionality by comparing offense gravity to sentence; if within statutory range, no disproportionality absent shock to conscience.
- Jones’ sentence falls within the statutory range under OCGA § 16-8-12, so not shocking to conscience.
- The record shows Jones entered a voluntary guilty plea, despite arguments about an Alford plea; the court found no manifest injustice in the plea.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sentence is grossly disproportionate. | Jones asserts disproportionate punishment. | State contends within statutory range so not disproportionate. | No gross disproportionality; within statutory limits. |
| Whether the guilty plea was knowingly entered (Alford issue). | Jones claims plea resembled Alford and required specific questions. | State contends plea was knowingly entered; transcript shows conscientious waiver of rights. | No manifest injustice; plea knowingly entered. |
Key Cases Cited
- Adams v. State, 288 Ga. 695 (Ga. 2011) (threshold Eighth Amendment disproportionality inquiry)
- Bragg v. State, 296 Ga. App. 422 (Ga. App. 2009) (rare threshold disproportionality cases)
- Cuvas v. State, 306 Ga. App. 679 (Ga. App. 2010) (presumption of proportionality within statutory range)
- McLeod v. State, 251 Ga. App. 371 (Ga. App. 2001) (within statutory range negates disproportionate sentence)
- Williams v. State, 318 Ga. App. 744 (Ga. App. 2012) (plea withdrawal standards and manifest injustice framework)
- Bell v. State, 294 Ga. 5 (Ga. 2013) (Alford-like pleas evaluated for knowingness of consent)
- McKiernan v. State, 288 Ga. 140 (Ga. 2010) (Alford considerations do not add extra requirements for advisement)
- Fleming v. State, 271 Ga. 587 (Ga. 1999) (general rule to apply current law at time of offense)