Watson v. State
307 Ga. App. 839
Ga. Ct. App.2011Background
- Watson pled guilty to three counts of electronically furnishing obscene materials to minors on May 9, 2008 and was sentenced to 36 months with 14 to serve.
- Watson moved to withdraw his guilty plea on May 21, 2008, arguing the plea was manifestly unjust.
- A hearing on the motion occurred May 30, 2008 after which the court removed the case from the calendar; Watson had requested a continuance.
- Almost two years later, on March 4, 2010, Watson, now with new counsel, amended the motion alleging ineffective assistance of prior counsel regarding plea collateral consequences.
- The amended motion claimed prior counsel told him he would be released that day to evade Montana authorities, but he was instead transported to Montana and arrested there.
- The trial court denied the motion on grounds including lack of non-conclusory allegations and abandonment; Watson appeals seeking further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness and viability of the motion to withdraw plea | Watson | Watson | Timely motion not abandoned; remand for proceedings |
| Whether the court should hold an evidentiary hearing on ineffective assistance claim | Watson's ineffectiveness claim should be developed on record | Trial court could resolve without evidentiary hearing | Remand to develop record with evidentiary hearing as needed |
| Proper procedural vehicle for review (withdrawal vs arrest of judgment) | Proceed as motion to withdraw under McKiernan/Bonner framework | As arrest of judgment or other procedural posture may apply | Proceed as motion to withdraw a guilty plea; remand for record development |
| Need to determine whether prior counsel's alleged ineffectiveness caused manifest injustice | Ineffective assistance affected the plea's validity | Record insufficient to determine ineffectiveness | Record development required to resolve ineffectiveness claim |
Key Cases Cited
- McKiernan v. State, 286 Ga. 756 (2010) (motion to withdraw after sentence analyzed under OCGA § 17-9-60 et seq.)
- Bonner v. State, 268 Ga. App. 170 (2004) (distinguishes motion to withdraw from arrest of judgment)
- Vaughan v. State, 161 Ga. App. 265 (1982) (dismissal of motion to withdraw not abusive where no rule nisi attached)
- Hills v. State, 296 Ga. App. 101 (2009) (remand for evidentiary hearing on ineffective post-conviction claims)
- Brown v. State, 295 Ga. App. 107 (2008) (plea withdrawal proceeding is a critical stage requiring counsel)