Phillips v. the State
329 Ga. App. 279
Ga. Ct. App.2014Background
- Phillips, indicted on multiple counts including aggravated assault, terroristic threats, and stalking, invited a plea before jury selection; plea hearing concluded with guilty pleas to remaining counts as a three-time recidivist and a 45-year sentence (25 to serve).
- Approximately one week after sentencing, Phillips moved to withdraw his guilty pleas; appellate counsel later filed an amended motion.
- Trial court denied the motion to withdraw; Phillips appeals challenging denial on grounds of denial of counsel and ineffective assistance of counsel (IAC).
- The appellate court held Phillips was represented by retained counsel who actively defended him and thus there was no actual or constructive denial of counsel; alternatively, IAC claims failed for lack of deficient performance and prejudice.
- The court reaffirmed that a guilty plea may be withdrawn after sentencing only to correct a manifest injustice, and here Phillips failed to show a reasonable probability he would have insisted on trial absent counsel’s alleged deficiencies.
- Judgment affirmed by Andrews, P. J., and Ray, J.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Phillips was denied counsel at critical stages. | Phillips contends actual/constructive denial of counsel at calendar call and plea. | State shows Phillips was represented; no complete failure to test the case. | No denial; representation was adequate. |
| Whether Phillips received ineffective assistance of counsel to withdraw his plea. | Counsel failed to request continuance, object to sentencing comments, and challenge prior pleas. | No deficient performance; no prejudice shown; admissible to withdraw only if manifest injustice. | IAC claims fail; no prejudice established; denial affirmed. |
Key Cases Cited
- Charleston v. State, 292 Ga. 678 (Ga. 2013) (constructive denial requires complete failure to test the case)
- Dulcio v. State, 292 Ga. 645 (Ga. 2013) (testing must be complete and pervasive to amount to denial)
- Williams v. State, 307 Ga. App. 780 (Ga. App. 2011) (burden to show deficient performance and prejudice)
- Hartsfield v. State, 294 Ga. 883 (Ga. 2014) (objective reasonableness of performance; hindsight not allowed)
- Spinner v. State, 263 Ga. App. 802 (Ga. App. 2003) (recidivism considerations; prior convictions including out-of-state/nnolo)