Poole v. State
326 Ga. App. 243
Ga. Ct. App.2014Background
- Poole pled guilty but mentally ill to three terroristic threats and two stalking charges under OCGA structure.
- At the same term, Poole moved to withdraw the guilty plea and for arrest of judgment; the trial court denied.
- Poole argued the plea withdrawal was required due to noncompliance with OCGA § 17-7-131(b)(2) governing guilty but mentally ill pleas.
- Indictment for terroristic threats claimed threats of a crime of violence against victims but did not specify the exact crime or corroboration requirements.
- The State argued the 17-7-131(b)(2) procedures were not met but the court could still uphold the plea; the court analyzed manifest injustice standard.
- The court affirmed denial of withdrawal and denied arrest of judgment, holding no manifest injustice and no fatal indictment defect.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether withdrawal of the guilty but mentally ill plea requires manifest injustice | Poole asserts noncompliance with 17-7-131(b)(2) mandates withdrawal. | State contends procedural defect warrants withdrawal to correct injustice. | Manifest injustice standard governs withdrawal; Poole failed to show harm, so denial affirmed. |
| Whether the terroristic threats indictment sufficiently identifies the threatened crime of violence | Poole contends indictment lacks particularity about the specific violence threatened. | State contends indictment tracks statute and prijs elements; no fatal defect. | Indictment not fatally defective; failure to specify the exact crime of violence does not invalidate the charge. |
Key Cases Cited
- Spivey v. State, 253 Ga. 187 (Ga. 1984) (mental illness is not element of offense; sentencing standards for guilty but mentally ill)
- Snyder v. State, 201 Ga. App. 66 (Ga. App. 1991) (guilty but mentally ill procedures; outlines treatment standards)
- Cullers v. State, 247 Ga. App. 155 (Ga. App. 2000) (two psych evaluations read into plea record; establishes basis for b(2) sufficiency)
- Barber v. State, 240 Ga. App. 156 (Ga. App. 1999) (independent psychiatric report read into plea record; supports manifest injustice analysis)
- Smith v. State, 287 Ga. App. 391 (Ga. App. 2010) (manifest injustice standard applies to 17-7-131(b)(2) violations)
- Foster v. State, 281 Ga. App. 584 (Ga. App. 2006) (withdrawal standard tied to manifest injustice; USCR 33 analogy)
- State v. Delaby, 298 Ga. App. 723 (Ga. App. 2009) (special demurrer versus general demurrer; specificity issues)
- State v. Tate, 262 Ga. App. 311 (Ga. App. 2003) (special demurrer to terroristic threats;)
- Newsome v. State, 296 Ga. App. 490 (Ga. App. 2009) (indictment sufficiency and corroboration principles)
- Lee v. State, 117 Ga. App. 765 (Ga. App. 1968) (demurrer and specificity concerns for threats allegations)