Syms v. State
331 Ga. App. 225
Ga. Ct. App.2015Background
- Syms was charged with oxycodone possession with intent to distribute (10–40 years or life), two counts of using a communication device during a felony (1–4 years each), and selling alprazolam (1–10 years).
- Indictment alleged five prior convictions and a petition to revoke probation for the new offenses.
- Former ADA Maines and Syms’s attorney formed a plea: guilty as charged, no recidivist punishment, ten-year total sentence, and an open-ended probation-revocation term; no sentence specifics for each count were negotiated.
- Defense counsel stated the State waived recidivist punishment to preserve parole eligibility.
- In November 2012 calendar call, the parties acknowledged the plea and an open-ended revocation; a new DA in January 2013 refused to honor the deal, citing stale terms and new standards.
- Syms moved to enforce the plea; the trial court denied, finding no clear, definite, enforceable agreement; appellate review granted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the plea enforceable despite a new DA’s refusal? | Syms | State | Yes; enforceable contract despite new policy. |
| Are essential terms sufficiently definite to support enforcement? | Agreement on ten-year sentence and open-ended revocation. | Terms silent on per-count sentences are fatal. | Essential terms existed; agreement enforceable. |
| Did defense negotiations after the initial agreement negate it as a counteroffer? | Defense inquiry about renegotiation after acceptance. | No counteroffer; no revocation. | Not a counteroffer; agreement remained. |
Key Cases Cited
- Capitol Materials v. Kellogg & Kimsey, Inc., 242 Ga. App. 584 (2000) (relevance of case law in contract-like plea contexts)
- Glover v. State, 258 Ga. App. 527 (2002) (record supports honoring plea promises)
- State v. Hanson, 249 Ga. 739 (1982) (integrity of district attorney's promises; enforceability)
- Brown v. State, 261 Ga. App. 115 (2003) (cited for contract-like treatment of plea agreements)
- Johnson v. DeKalb County, 314 Ga. App. 790 (2012) (counteroffer analysis in plea context)