Kelley v. the State
331 Ga. App. 758
| Ga. Ct. App. | 2015Background
- Terry Kelley was indicted for felony murder and other crimes related to a fatal armed robbery; he negotiated a plea to voluntary manslaughter with the State.
- The plea agreement included nolle prosequi of remaining charges, the State’s recommendation of a 20-year sentence, and a requirement that Kelley testify truthfully against co-defendants.
- At plea hearing the trial court accepted the plea, found mitigation, and imposed a lesser sentence: ten years, five to serve with the balance probated, and ordered Kelley to testify.
- The State immediately sought to withdraw the negotiated plea after the court imposed a lighter sentence than the State recommended; the court initially refused and entered judgment on the ten-year sentence.
- The State filed a “Motion to Set Aside an Illegal Judgment”; the trial court granted it, concluding the sentence to a reduced offense not in the indictment was illegal without the State’s consent, and later re-sentenced Kelley to 20 years.
- Kelley appealed; he did not seek to withdraw his guilty plea. The Court of Appeals reversed, directing re-entry of the original judgment and sentence.
Issues
| Issue | Plaintiff's Argument (Kelley) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether trial court erred in granting State’s motion to set aside judgment | Original partial acceptance of plea produced a valid conviction and sentence; State cannot withdraw after court imposes lesser sentence | State argued it could withdraw plea when court refused its recommended sentence and that conviction on reduced charge not in indictment was illegal without State consent | Court held trial court erred: State has no right to withdraw when court accepts parts of plea and imposes a lesser sentence; original judgment was not illegal |
| Whether court’s imposition of sentence less than State recommendation converted plea into non-negotiated plea | Kelley: Court’s partial acceptance (nolle prossed charges, testimony requirement) bound State to terms accepted; sentence within statutory range | State: Court’s deviation meant plea was non-negotiated and defendant could only plead to charges in indictment absent State consent | Court: Rejection unfounded; acceptance in part binds State; plea remained valid despite court imposing lesser sentence |
| Whether trial court may vacate a sentence because plea was to an offense not in indictment | Kelley: No, because State agreed to reduced charge as part of plea and court accepted that term | State: Bostic supports that a defendant can only plead to indicted charges absent State’s consent | Court: Bostic not controlling here; State bound by plea terms it offered and court’s acceptance made judgment legal |
| Whether judicial creation of State withdrawal right is permissible | Kelley: No statutory or rule-based right exists; only legislature could create such a right | State: Sought equitable relief allowing withdrawal when court imposes different sentence | Court: Refused to judicially create such a right; remedy must come from legislature |
Key Cases Cited
- Bostic v. State, 184 Ga. App. 509 (explaining defendant ordinarily may plead only to charges in the indictment absent State consent)
- Mulkey v. State, 265 Ga. App. 631 (trial court imposed harsher sentence than State recommendation; addressed effect of court rejection of recommended sentence)
- Lawrence v. State, 234 Ga. App. 603 (same principle: defendant may withdraw plea if court intends harsher sentence than bargained)
- Harper v. State, 279 Ga. App. 620 (State has no right to withdraw plea when court rejects recommended sentence; plea accepted by court in part binds State)
- Manley v. State, 287 Ga. App. 358 (distinguishing negotiated plea from open plea with State recommendation)
- Barber v. State, 316 Ga. App. 701 (trial judge has wide discretion to accept or reject negotiated plea)
- State v. King, 325 Ga. App. 445 (overruled parts of Harper on other grounds; cited regarding limits of appellate precedents)