Trapp v. State
309 Ga. App. 436
Ga. Ct. App.2011Background
- Trapp pled guilty nonnegotiated to theft by shoplifting and was sentenced to ten years' confinement.
- Video evidence, recorded by Lowe's loss-prevention, showed Trapp taking wrenches and exiting the store without paying.
- At the plea hearing, the court explained the charge, possible punishment, and rights; Trapp admitted guilt and acknowledged understanding and no promises.
- A second inquiry confirmed voluntariness of the plea and Trapp understood the sentence could range from 1 to 10 years.
- Trial counsel described Trapp's extensive criminal history and mitigation; the court accepted the plea as freely and voluntarily entered, then sentenced to the maximum term.
- After sentencing, Trapp moved to withdraw the plea claiming involuntariness and ineffective assistance; the trial court denied the motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the plea knowingly and voluntarily entered? | Trapp contends the plea was not knowingly or voluntarily entered. | State argues the plea was entered freely with understanding of charges and consequences. | No abuse of discretion; plea found knowingly and voluntarily entered. |
| Did trial counsel provide ineffective assistance to justify withdrawal of the plea? | Trapp asserts counsel failed to interview witnesses and that would have changed the outcome. | State contends no reasonable probability he would have gone to trial absent counsel errors. | No ineffective assistance; withdrawal denied based on lack of prejudice. |
Key Cases Cited
- Maddox v. State, 278 Ga. 823 (Ga. 2005) (guilty plea withdrawal limited to manifest injustice; standard for involuntariness)
- Williams v. State, 296 Ga.App. 270 (Ga. App. 2009) (plea inquiry requirements and voluntariness supported by record)
- Bazemore v. State, 273 Ga. 160 (Ga. 2000) (knowing, intelligent, voluntary plea requirements)
- Tate v. State, 264 Ga. 53 (Ga. 1994) (credibility and weighing of witness testimony in plea process)
- Shuler v. State, 306 Ga.App. 820 (Ga. App. 2010) (upholding voluntariness of pleas despite claims of fright or coercion)
- Pattillo v. State, 304 Ga.App. 344 (Ga. App. 2010) (trial court may credit counsel's testimony over defendant's)