Brannon v. State, 70849
| Decision Date | 16 September 1985 |
| Docket Number | No. 70849,70849 |
| Citation | 176 Ga.App. 49,335 S.E.2d 163 |
| Parties | BRANNON v. The STATE. |
| Court | Georgia Court of Appeals |
Dennis R. Kruszewski, Atlanta, Drew Findling, Tucker, for appellant.
Lewis R. Slaton, Dist. Atty., Joseph J. Drolet, Jerry W. Baxter, Asst. Dist. Attys., for appellee.
Appellant Brannon was indicted for robbery and also for criminal damage to property in the second degree. Named as co-defendants in the indictment were Bridgette Stinson and Paul Cooper. Appellant was represented by appointed counsel and after plea bargaining, appellant and his counsel signed a guilty plea as to each offense. The assistant district attorney recommended, and the court accepted such recommendation and imposed concurrent three-year sentences for each offense on November 30, 1984. On March 5, 1985, the trial court overruled appellant's motion for new trial and he appeals. Held:
1. Appellant contends the court erred by entertaining "mass" guilty pleas thereby making it "impossible for appellant to knowingly and intelligently waive his constitutional rights." A review of the record demonstrates that appellant appeared in court simultaneously with two other defendants, Bobby Abbott and Tommy Brooks. Each defendant appearing in court at that time was charged in separate indictments with having committed different offenses. Appellant's counsel represented all three of the defendants. Each defendant appeared in court for the purpose of entering a guilty plea.
Contrary to appellant's contention, the record does not demonstrate that he did not understand the charges against him or that he was confused about his rights because the court entertained "mass" guilty pleas. The proceedings in the case sub judice were small (there being only three defendants) and manageable. Moreover, they were clear, orderly and tailored to each defendant. See Thomas v. State, 163 Ga.App. 550, 551(1) 295 S.E.2d 234; Harris v. State, 167 Ga.App. 153(1) 306 S.E.2d 79.
2. Nor can it be said that no inquiry was made concerning the factual basis of appellant's guilty plea. At the hearing, the assistant district attorney informed the court about appellant's involvement in the crimes with which he was charged. The assistant district attorney stated: When asked by the court if the facts stated by the assistant district attorney were correct, appellant replied that they were. We find no error here.
A reading of the assistant district attorney's recitation of the facts of the case and the court's response makes it apparent that the court was already familiar with the factual basis of the plea. "Inasmuch as the establishment on...
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Evans v. State, A93A2547
...390 S.E.2d 255 (1990) (same); Clark v. State, 186 Ga.App. 106, 107(2), 366 S.E.2d 361 (1988) (same); see also Brannon v. State, 176 Ga.App. 49, 50(2), 335 S.E.2d 163 (1985) (district attorney's recitation of the facts and court's response made it clear court familiar with factual basis for ......
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Clark v. State, 75286
...trial court to affirmatively state that a factual basis existed. There was no error in accepting appellant's plea. Brannon v. State, 176 Ga.App. 49(2), 335 S.E.2d 163 (1985). 3. Appellant next asserts that his plea was involuntary because it was the result of coercion. At the plea hearing, ......
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Holland v. State
...trial court to affirmatively state that a factual basis existed. There was no error in accepting appellant's plea. Brannon v. State, 176 Ga.App. 49 (2) (335 SE2d 163) (1985)." Id. at 108, 366 S.E.2d The same is true of Scurry v. State, 194 Ga.App. 165, 390 S.E.2d 255 (1990), where the court......
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Collum v. State, A93A1592
...State, 190 Ga.App. 477, 478, 379 S.E.2d 230 (1989); Clark v. State, 186 Ga.App. 106, 107(2), 366 S.E.2d 361 (1988); Brannon v. State, 176 Ga.App. 49(2), 335 S.E.2d 163 (1985); Harris v. State, 167 Ga.App. 153(3), 306 S.E.2d 79 (1983). USCR 33.9, which governs now, states that "the judge sho......