Waters v. State
155 So. 3d 311
Ala. Crim. App.2013Background
- Waters pleaded guilty to first-degree stalking on May 12, 2005 and, as a habitual felony offender, was sentenced to 30 years' imprisonment.
- Waters filed a pro se motion to withdraw his guilty plea on June 1, 2005, which the circuit court denied at a July 14, 2005 hearing.
- Waters appealed, but the direct appeal was dismissed.
- Waters filed a third Rule 32 petition on December 20, 2011 alleging denial of counsel at the July 14, 2005 hearing; the State conceded relief was due.
- The circuit court granted relief on the counsel-issue and held an evidentiary hearing on November 19, 2012, after which it denied Waters’s motion to withdraw the plea on December 31, 2012.
- Waters timely appealed from the circuit court’s denial of his motion to withdraw the guilty plea, raising an issue about misrepresentation by trial counsel and the proper scope of Rule 32 relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Waters may appeal the denial of a withdrawal motion after Rule 32 relief | Waters | State | Appeal allowed; order is appealable under § 12-22-10 and Rule 24, Ala. R.Crim. P. |
| Whether the circuit court abused its discretion in denying withdrawal after conflicting evidence of misrepresentation | Waters | State | No abuse; the court credited evidence supporting denial. |
Key Cases Cited
- Wallace v. State, 701 So.2d 829 (Ala. 1997) (motion to withdraw guilty plea treated as related to Rule 24)
- Ex parte Blackmon, 734 So.2d 995 (Ala. 1999) (misrepresentation may render plea involuntary; abuse of discretion standard)
- Riley v. State, 892 So.2d 471 (Ala.Crim.App.2004) (Rule 32 relief may require new proceedings; appeal scope)
- Hart v. State, 939 So.2d 948 (Ala.Crim.App.2005) (Rule 32 relief considerations; sentencing and convictions)
- McMillian v. State, 934 So.2d 434 (Ala.Crim.App.2005) (Rule 32 relief can prompt resentencing directives)