The trial court granted appellant Craig M. Maddox an out-of-time appeal in April 2004 and he now seeks review of the judgment of conviction entered after he pled guilty to malice murder in December 1998, as well as review of the judgment of conviction entered in June 1999 after a jury trial in which he was found guilty of burglary, aggravated assault, two counts of armed robbery, and three counts of possession of a firearm during the commission of a crime. The murder to whiсh appellant pled guilty took place during the commission of the crimes for which he was tried in June 1999. 1
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1. At the guilty plea hearing, the assistant district attorney presented the facts the State would prove, the trial court found a sufficient factual basis upon which to accept the guilty plea, and appellant admitted the facts presented were “substantially correct.” The facts set forth by the State were: Appellant and his co-indictee went to the Colquitt County home of Juanita Johnson on February 22,1997. The co-indictee was armed with a pistol and he took money from Mrs. Louise Carter and a check written by Mrs. Johnson from Mrs. Johnson. Mrs. Carter was fatally shot by the co-indictee during the armed robbery after appellant told him to “do what you’ve got to do.” While appellant did not handle the gun or the stolen property during the commission of the crimes, at least one witness had seen appellant with the gun prior to the commission of the crimes. The facts set forth by the State at the guilty plea hearing constituted a sufficient factual basis to support the acceptance of the guilty plea. See
White v. State,
At trial, Mrs. Johnson, thе surviving victim, identified appellant as the young man who came with the co-indictee to her home, ostensibly to see about the sale of one of the homeowner’s cars to the co-indictee. The co-indictee еntered the home, took $2 from Mrs. Carter, and took a $500 check the co-indictee demanded Mrs. Johnson write. Within earshot of appellant, who remained in the carport, the co-indictee repeatedly told the wоmen he was going to kill them. The co-indictee asked appellant to come in the house when the co-indictee was “fixing to pop them,” and appellant stated, “You go ahead and do what you’ve got to do аnd let’s go.” The co-indictee then shot Mrs. Carter in the head from close range with a .25-caliber pistol, and fired a shot at Mrs. Johnson’s head that grazed her scalp.
The day after the shooting, appellant, accompanied by his mother, turned himself in to police and surrendered a .2 5-caliber pistol. A GBI microanalyst testified the pistol turned in by appellant “probably fired” the .25-caliber slug removed from Mrs. Carter and did fire another bullet found in the Johnson home. A classmate of appellant and the co-indictee testified appellant and the co-indictee were together the afternoon before the shootings and appellant showed a gun to the witness. The witnеss identified the gun proven to have been the gun used in the shootings as the gun he was shown by appellant. The evidence was sufficient to authorize a rational trier of fact to find appellant guilty beyond a reasonable doubt as a party to the crimes of burglary, armed robbery, aggravated assault, and
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possession of a firearm during the commission of a crime.
Jackson v. Virginia,
2. Appellant contends the trial court erred when it denied his pre-trial motion for change of venue. Supplementing the mоtion were copies of newspaper articles written from February 1997 through December 19,1998. 2 The trial court held a hearing on the motion after completion of the jury voir dire and before the jury was struck. One of the 36 venire mеmbers was excused for cause because of the effect on her of several newspaper articles reporting the commission of the crimes.
The trial court has the discretion to grant a change of venue and its discretion will not be disturbed absent an abuse of that discretion. “In a motion for a change of venue, the petitioner must show (1) that the setting of the trial was inherently prejudicial or (2) that the jury selection process showed аctual prejudice to a degree that rendered a fair trial impossible.” [Cit.] We cannot say the trial court abused its discretion when appellant: (1) made no showing that the setting of the trial was inherently prejudicial, i.e., that аny publicity was factually incorrect, inflammatory, or reflective of an atmosphere of hostility; and (2) failed to demonstrate that [he] could not receive a fair trial due to the prejudice of individual jurors since only [one] potential [juror was] excused for having a fixed opinion about appellant’s guilt. . .. [Cit.]
Eckman v. State, 214
Ga. 63, 68 (4) (
3. Appellant next contends his murder conviction should be reversed because the trial court erred when it accepted appellant’s guilty plea to the murder charge.
To establish that a guilty plea is valid, the record must show that the defendant understood and intelligently entered the plea. [Cit.] The trial court must determine that the plea is voluntary, the defеndant understands the nature of *826 the charges, and there is a factual basis for the plea. In addition, the trial court must inform the defendant of the rights being waived, the terms of any negotiated plea, and the minimum and maximum possible sentences. [Cit.]
Johnson v. State, 275
Ga. 538, 539 (1) (
4. Appellant next takes issue with the trial court’s refusal to permit appellant to withdrаw the guilty plea two weeks after he entered it and was sentenced. “Although a guilty plea may be withdrawn anytime before sentencing, once a sentence has been entered, a guilty plea may only be withdrawn to correct a manifest injustice.”
Wright v. State, 275
Ga. 497, 498 (2) (
5. Appellant contends he was denied effective assistance of trial counsel. His contention is procedurally barred since “ ‘[a] claim of ineffective assistance of trial counsel may not be asserted in an out-of-time appeal unless the defendant’s new apрellate counsel files a motion for new trial after the grant of the out-of-time appeal and raises the ineffectiveness claim.’ ”
Chatman v. State,
Judgment affirmed.
Notes
The crimes occurred on February 22,1997, and appellant turned himself in to authorities in the early morning hours of February 23. He pled guilty to the mаlice murder charge on December 2,1998, and was sentenced to life imprisonment. He filed a notice of appeal from the murder conviction on December 21, 1998. A jury trial on the remaining charges commenced June 7,1999, and concluded the following day with the jury’s return of its verdicts. On June 25, appellant was sentenced to 20 years’ imprisonment, to be served concurrently, for the burglary conviction; life imprisonment for one armed robbery, to be served сonsecutively to the life sentence he received for the malice murder conviction; a consecutive sentence of 20 years for the second count of armed robbery; and three consecutive terms оf five years’ imprisonment for the three convictions for possession of a firearm during the commission of a crime. His motion for new trial, filed June 28, 1999, was denied December 29, 2003. On January 7, 2004, the trial court appointed appellate counsel, who filed a motion for out-of-time appeal on April 23 which was granted the same day. Appellate counsel filed a timely notice of appeal on April 30, 2004, to the Court of Appeals, seeking rеview of the December 1998 murder conviction as well as the December 2003 denial of the motion for new trial. The Court of Appeals transferred the appeal *824 to this Court, where it was docketed on June 16. The case wаs submitted for decision on the briefs.
They consisted of two articles about the suspects being arrested; two articles published on Mrs. Carter’s birthday, two months after the crimes; Mrs. Carter’s obituary; and articles about the District Attorney’s decision to seek the death penalty against the co-indictee, the trial court’s issuance of a gag order in order to minimize pre-trial publicity, the co-indictee’s entry of a not guilty plea, the decision to try appellаnt as an adult, the co-indictee’s guilty plea to the murder charge, appellant’s guilty plea to murder, and his withdrawal of his guilty pleas to armed robbery. ,
Appellant entered guilty pleas to the malice murder charge and twо counts of armed robbery. He was immediately sentenced to life imprisonment for the murder conviction and a sentencing hearing was scheduled for the armed robbery pleas. Before sentence was imposed on the armed robbery guilty pleas, appellant withdrew his guilty pleas to the armed robbery counts.