Riggs v. State
319 Ga. App. 189
| Ga. Ct. App. | 2012Background
- Riggs, pro se, appeals the trial court's denial of his motion to withdraw his guilty plea.
- Riggs contends the plea was involuntary and that trial court erred in denying motions related to counsel and pretrial issues.
- In September 2008, Riggs faced multiple counts including delivery of cocaine and numerous child-sex offenses; he was represented by the public defender.
- The State offered a plea package: dismiss cocaine and incest counts, reduce aggravated child molestation to child molestation, and plead to remaining counts for a total sentence of 40 years (20 to serve).
- Riggs could not accept the offer before expiration; on trial day, a non-negotiated plea was entered, with the State nolle prosseing incest and reducing aggravated to child molestation; the court imposed 50 years total (30 to serve).
- After sentencing, Riggs moved to withdraw the plea; the trial court denied the motion and Riggs appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the plea voluntary? | Riggs contends plea involuntary. | Riggs argues lack of voluntariness. | No manifest involuntariness; valid plea. |
| Did the court err in denying pretrial/bond motions and related relief? | Riggs asserts denial of bond and other pretrial motions at issue. | Riggs contends errors in pretrial rulings. | Pretrial rulings not reversible post-plea under cited authority. |
| Did amended/late claims seeking withdrawal fall within the trial court's jurisdiction? | Riggs attempted to amend after the sentencing term. | Amendment outside term jurisdiction; cannot withdraw plea based on new claims. | Amendment not within jurisdiction; no withdrawal for those claims. |
| Was trial counsel ineffective supporting withdrawal of plea? | Riggs claimed ineffective assistance by counsel in various respects. | Counsel's decisions and trial strategy were reasonable; no deficient performance shown. | No reversible ineffective assistance; record supports trial court. |
| Were other defenses of counsel's conduct or procedural issues preserved and meritorious? | Riggs asserted additional ineffective assistance and preparation deficiencies. | Claims either waived or unsupported by record. | Enumerations deemed abandoned or unsupported; no error found. |
Key Cases Cited
- Blass v. State, 293 Ga. App. 346 (2008) (state bears burden to prove voluntary, knowing, and intelligent plea)
- Moore v. State, 285 Ga. App. 855 (2009) (pretrial-denial claims generally barred after valid guilty plea)
- Matthews v. State, 295 Ga. App. 752 (2009) (timing of post-sentencing motion to withdraw affects jurisdiction)
- Williams v. State, 307 Ga. App. 780 (2011) (standard for evaluating ineffective-assistance claims; deference to trial findings)
- Raybon v. State, 309 Ga. App. 365 (2011) (demurrer standards and merger considerations in indictments)
- Drewry v. State, 201 Ga. App. 674 (1991) (merger rule prematurity; merger not a basis for demurrer)
- Umbehaum v. State, 251 Ga. App. 471 (2001) (valid guilty plea precludes certain speedy-trial challenges)
- Lloyd v. State, 263 Ga. App. 234 (2003) (waiver when claims are not raised in motion to withdraw or at hearing)