Platt v. the State
342 Ga. App. 664
| Ga. Ct. App. | 2017Background
- Platt was indicted in two cases: (1) theft by taking (> $1,500) and false swearing after allegedly signing stolen scaffolding to a recycler; (2) first-degree cruelty to children and other charges after an incident of pushing a minor, later reduced by plea negotiations.
- Platt pleaded guilty to theft by taking, false swearing, and second-degree cruelty to children as part of a negotiated plea; other counts were nolle prossed.
- The trial court found Platt’s pleas knowing and voluntary and imposed consecutive sentences totaling 13 years.
- After sentencing, Platt filed a pro se motion to withdraw his guilty pleas (initially alleging ineffective assistance); counsel was appointed and filed an amended motion arguing the plea was involuntary because Platt was given an incorrect sentencing range for the cruelty charge.
- The trial court denied the motion to withdraw; Platt appealed pro se, arguing he is entitled to appellate counsel, misadvice about sentencing range, and insufficient factual basis for the theft plea.
- The appellate court held Platt was denied the constitutional right to counsel on appeal and remanded for the trial court to determine indigency and appoint appellate counsel; it declined to address the merits as premature.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Right to appellate counsel after plea-withdrawal denial | Platt contends he was entitled to appointment of counsel for his appeal from denial of plea-withdrawal | State argued the appeal could be resolved on the merits despite pro se status (citing Massey) | Court held denial of counsel at this critical stage was constitutional error and remanded to appoint appellate counsel if indigent |
| Whether absence of appellate counsel is prejudicial | Platt implied counsel was necessary to present preserved claims properly | State suggested Platt’s pro se brief preserved the issue and prejudice is absent | Court declined harmless-error analysis; reversed/remanded for appointment of counsel instead of deciding prejudice |
| Merits: involuntary plea due to incorrect sentencing range | Platt argued his plea was involuntary because he was given an incorrect sentencing range for the misdemeanor cruelty charge | State maintained the trial court properly accepted the plea and ruled on the motion below | Court did not decide merits; held issue is premature until counsel appointed and case returned to appellate process |
| Sufficiency of factual basis for theft plea | Platt argued insufficient factual basis for theft by taking | State maintained investigation and evidence (recycling transfer, false representation) supported the plea | Court did not address the claim on the merits due to remand for counsel appointment |
Key Cases Cited
- Fortson v. State, 272 Ga. 457 (appellate courts must appoint counsel for plea-withdrawal proceedings and counsel right extends to appeal)
- Trauth v. State, 295 Ga. 874 (indigent defendant need not specifically request appellate counsel once state authority knows of desire to appeal and indigency)
- Stinson v. State, 286 Ga. 499 (plea withdrawal required to correct manifest injustice such as involuntary plea or ineffective counsel)
- Schlau v. State, 261 Ga. App. 303 (right to counsel continues through appeal from denial of motion to withdraw guilty plea; remand for appointment when appropriate)
- Massey v. State, 278 Ga. App. 303 (distinguishable: appellate review allowed where original trial counsel continued representation on appeal)