Nero v. the State
338 Ga. App. 512
| Ga. Ct. App. | 2016Background
- Nero pleaded guilty to armed robbery, first-degree burglary, and possession of a firearm during the commission of a crime after an armed home-robbery where she admitted facilitating entry for four men who robbed and shot at the victim.
- She entered a negotiated plea with counsel and was sentenced to a total effective 24 years (19 years armed robbery, concurrent 10-year burglary, consecutive 5-year firearm enhancement).
- After sentencing, Nero moved to withdraw her guilty plea solely as to the firearm-possession charge, arguing she did not understand Georgia law that a person can be charged as a party for possession when not the actual carrier.
- At the plea hearing the court advised Nero of constitutional rights she was waiving; she confirmed satisfaction with counsel and understanding of the plea and recommendation. A competency evaluation found no disqualifying disability.
- At the withdrawal hearing Nero reiterated she misunderstood liability as a non-carrier and complained about the length of the sentence; the trial court denied the motion and Nero appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Nero’s guilty plea was knowingly and voluntarily entered because she allegedly did not understand she could be charged as a party for firearm possession when she did not carry the weapon | Nero: plea involuntary because she was not informed she could be charged as a party and thus responsible for others' possession/conduct | State: plea was voluntary; plea colloquy, counsel consultation, and factual statement gave notice of charges and consequences; indictment need not specify party/principal status | The plea was voluntary and knowing; trial court did not abuse discretion in denying withdrawal |
Key Cases Cited
- Carter v. State, 272 Ga. App. 158 (State bears burden to show plea was voluntary, knowing, intelligent)
- Henderson v. Morgan, 426 U.S. 637 (plea involuntary where an essential element was not explained and record lacked factual admission)
- Ballard v. State, 150 Ga. App. 704 (Henderson does not require judge to personally instruct defendant on elements)
- Clark v. State, 299 Ga. App. 558 (presumption that counsel explained plea terms absent ineffective-assistance claim)
- Riley v. State, 292 Ga. App. 202 (indictment need not state that defendant is charged as a party)
- Frady v. State, 275 Ga. App. 677 (one who is concerned in the commission of a crime may be charged and convicted as a party)