Thomas v. State
317 Ga. App. 696
Ga. Ct. App.2012Background
- Thomas challenged a trial court order denying his motion to correct a void sentence, claiming recidivist sentencing under OCGA § 17-10-7 (c) was improper; the state sought recidivist sentencing based on three prior felonies and he pled guilty in 2006 to possession of methamphetamine.
- The 2006 plea resulted in a 30-year sentence with 12 years in confinement and the remainder on probation, and he was found to have four felonies triggering § 17-10-7 (c).
- Thomas filed a motion to correct a void sentence in 2011 arguing one predicate conviction was based on an uncounseled guilty plea; the trial court denied, and the appeal followed.
- He acknowledges counsel for two prior felonies (2004) but argues the 1999 cocaine conviction was uncounseled; the 1997 plea had counsel.
- The revocation hearing in 1999 occurred without a defendant’s right to counsel being absolute at that time, but Thomas admitted violations and the court later held the right to counsel in probation revocation was not absolute before 2005.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the 1999 uncounseled revocation a valid predicate? | Thomas, uncounseled, cannot serve as predicate. | State showed regularity of prior guilty plea and revocation. | Yes; regularity established; valid predicate. |
| Did Thomas have a right to counsel at the 1999 revocation? | He lacked counsel. | Right not absolute pre-2005. | Right not absolute; not required here. |
| Did the state meet burden for recidivist sentencing with the predicate offenses? | Burden not met due to uncounseled predicate. | Burden satisfied by transcripts showing counsel or waiver. | Burden met; sentence affirmed. |
Key Cases Cited
- Banks v. State, 275 Ga. App. 326 (Ga. App. 2005) (right to counsel at revocation not absolute before 2005; waiver shown by hearing transcript)
- Beck v. State, 283 Ga. 352 (Ga. 2008) (burden to show prior guilty pleas and counsel or waiver in recidivist sentencing)
- Miller v. State, 301 Ga. App. 706 (Ga. App. 2009) (earlier rejection of right to appointed counsel at revocation; statute change in 2005)