Reid v. the State
339 Ga. App. 772
Ga. Ct. App.2016Background
- Reid pled guilty (Aug 19, 2014) to possession with intent to distribute cocaine (to a lesser offense), two counts of aggravated assault on a peace officer, two felony obstruction counts, and two misdemeanor obstruction counts; he did not file a timely direct appeal.
- He filed a pro se motion for an out-of-time appeal alleging his plea was not knowing and voluntary and that some convictions should have merged; the trial court summarily denied the motion without an evidentiary hearing.
- Record shows multiple indictments involving assaults on Officers Brock and Duncan (e.g., striking with hands/limb, punching, pushing, fleeing, failing to obey). Reid admitted guilt at plea hearing and acknowledged rights waived.
- On review, the Court of Appeals found the plea was knowing and voluntary based on the plea colloquy and counsel’s participation, so an out-of-time appeal on voluntariness was denied.
- The court found merger problems: aggravated assault on Officer Brock and felony obstruction of Brock were established by the same or lesser facts and therefore should have merged; some obstruction convictions may also merge but record was insufficient for all counts.
- Because the merger claim has merit, the court vacated part of the trial court’s order and remanded for an evidentiary hearing to determine whether trial counsel was constitutionally ineffective in failing to advise or file a direct appeal.
Issues
| Issue | Plaintiff's Argument (Reid) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether Reid’s guilty plea was knowing and voluntary | Plea was not knowing/voluntary: not advised of rights, charges, sentencing range, factual basis, or appeal/withdraw rights | Plea colloquy and counsel’s statements show Reid was informed and understood rights and charges | Court: Plea was knowing and voluntary; no out-of-time appeal on voluntariness |
| Whether some convictions should merge (double jeopardy/OCGA § 16-1-7) | Multiple convictions arose from same conduct and are lesser-included offenses, so some convictions are void | Guilty plea waives errors; but merger is not waived and must be judged on the record | Court: Aggravated assault (Brock) and felony obstruction (Brock) merge; other obstruction merger unclear on record |
| Whether Reid is entitled to out-of-time appeal because counsel failed to file timely appeal | Trial counsel’s failure to file an appeal deprived Reid of appellate review of meritorious merger claims | If appeal would have failed on the record, counsel not deficient; but here merger claim has merit and requires further factfinding | Court: Remanded for evidentiary hearing to determine whether counsel was ineffective for failing to pursue appeal |
| Whether summary denial without hearing was proper | Reid sought relief requiring factual development (ineffective assistance re: appeal) | Trial court summarily dismissed motion | Court: Summary dismissal was error as to merger/ineffective-assistance claim; remand for hearing |
Key Cases Cited
- Stephens v. State, 291 Ga. 837 (2012) (out-of-time appeal requires issues resolvable from the record and proof of counsel deficiency and prejudice)
- Moore v. State, 285 Ga. 855 (2009) (defendant seeking out-of-time appeal after guilty plea must show issues decidable from record)
- Clark v. State, 299 Ga. App. 558 (2009) (court meets plea-taking obligations by showing defendant informed of rights and charges)
- Belcher v. State, 304 Ga. App. 645 (2010) (review plea validity by record as a whole; omission of sentencing range not dispositive absent prejudice)
- Nazario v. State, 293 Ga. 480 (2013) (convictions that merge are void and appellate courts must correct void sentences)
- Regent v. State, 299 Ga. 172 (2016) (required-evidence test governs merger analysis)
- Taylor v. State, 327 Ga. App. 882 (2014) (obstruction can be included within aggravated assault where proof overlaps)
- Gordon v. State, 337 Ga. App. 64 (2016) (aggravated assault need not necessarily merge with obstruction when elements differ)
- Chynoweth v. State, 331 Ga. App. 123 (2015) (misdemeanor obstruction is lesser included offense of felony obstruction)
- McCoy v. State, 285 Ga. App. 246 (2007) (lesser included offense merges into greater offense for sentencing)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance of counsel)
- Dowling v. State, 294 Ga. App. 413 (2008) (discussed evidentiary hearing requirement; treated as distinguishable dicta)
- Davis v. State, 286 Ga. App. 80 (2007) (same)