Mahone v. State
317 Ga. App. 597
Ga. Ct. App.2012Background
- Mahone pleaded guilty in Muscogee County Superior Court to two counts of aggravated assault with a deadly weapon and to possession of a firearm during the commission of a crime.
- Mahone moved to withdraw his guilty plea after sentencing, and new post-conviction counsel represented him at a hearing.
- The trial court denied the motion to withdraw the guilty plea, and Mahone appealed pro se.
- Mahone claimed lack of a factual basis, ineffective assistance of counsel, coercion by counsel, and plea not knowing or voluntary due to medication.
- The appellate court vacated the denial and remanded for a new hearing to allow full development of grounds and evidence.
- The decision emphasized that withdrawal of a guilty plea rests in the trial court’s discretion and requires a record showing voluntariness, understanding of charges, and consequences; the court must consider counsel’s effectiveness and any medication effects.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Mahone have a valid basis to withdraw his plea on voluntariness grounds? | Mahone argues counsel coerced plea and ineffective assistance undermined voluntariness. | State contends plea was voluntary and properly supported by record. | Remanded for new hearing to develop grounds and evidence. |
| Was the request to replace appointed counsel properly addressed? | Mahone contends counsel failed to investigate and assist; request for replacement was improper. | State asserts no improper denial; proceedings sufficient. | Remanded to allow proper consideration of grounds with counsel if desired. |
| Did the trial court properly conduct the motion to withdraw under applicable standards? | Record shows lack of full evidentiary presentation and reliance on a single plea-hearing remark. | State maintains discretion to deny if grounds uncertain. | Vacated; remand for a hearing with full development of evidence. |
Key Cases Cited
- Jackson v. State, 299 Ga. App. 662 (Ga. App. 2009) (burden of proving voluntary, knowing and intelligent plea; review of plea hearing evidence)
- Jackson v. State, 285 Ga. 840 (Ga. 2009) (defendant must show reasonable probability of trial if counsel's errors)
- Manuel v. State, 289 Ga. 383 (Ga. 2011) (grounds for withdrawal must be shown with support; evidentiary hearing appropriate)
- Alvelo v. State, 288 Ga. 437 (Ga. 2011) (procedural requirements for motions to withdraw plea; merit review on remand)
- Planas v. State, 296 Ga. App. 51 (Ga. App. 2009) (remand for proper hearing to develop grounds on withdrawal motions)