Craft v. State, A98A1334.
Decision Date | 10 September 1998 |
Docket Number | No. A98A1334.,A98A1334. |
Citation | 234 Ga. App. 305,506 S.E.2d 663 |
Parties | CRAFT v. The STATE. |
Court | Georgia Court of Appeals |
OPINION TEXT STARTS HERE
Murble A. Wright, Jonesboro, for appellant.
Keith C. Martin, Solicitor, Rebecca G. Simpson, Assistant Solicitor, for appellee.
Glenn Craft pled guilty to the charge of battery. On appeal, he contends the trial court erred by (1) accepting his guilty plea and (2) denying his motion to withdraw the guilty plea. For reasons which follow, we affirm.
The record shows that Craft was charged with the offense of battery after he intentionally caused visible bodily harm to his wife, Nicole Craft. Although the hearing in which Craft pled guilty to this offense was not transcribed, he did sign a written form "plea statement" which was filed with the clerk of court on the same date it was signed by Craft.
In this plea statement, Craft acknowledged the following:
The form indicates that Craft was not represented by counsel at the plea hearing and further states: (Paragraph indentions omitted; emphasis in original.)
The trial judge signed the plea statement under the following language: "The above statement having been made by the Defendant in the presence of the Court, the foregoing rights afforded the Defendant having been personally read to the Defendant by the Court, the Court being satisfied that the Defendant understands all rights applicable to him/her, all the consequences of his plea, that the plea is entered knowingly, freely and voluntarily, and there having been a sufficient factual basis shown for the acceptance of this plea, IT IS HEREBY ORDERED that the Defendant's plea be accepted."
Three days after Craft pled guilty and was sentenced, his current counsel filed an entry of appearance and moved to withdraw his guilty plea. At the conclusion of the hearing on this motion, the trial judge explained: The trial judge also detailed the inquiry he made during Craft's plea statement before denying the motion to withdraw the plea.
1. Craft asserts the trial court erred in denying his motion to withdraw his plea because the State failed to carry its burden of showing that his plea was knowing and voluntary. We disagree. " Collins v. State, 163 Ga.App. 403, 294 S.E.2d 623 (1982). Roberts v. Greenway, 233 Ga. 473, 475(1), 211 S.E.2d 764 (1975).
We find no merit in Craft's contention that the State failed to meet this burden. The written plea statement signed by Craft, as well as the record of the hearing on the motion to withdraw the plea, satisfies the State's burden of proving that his plea was knowing and voluntary. See King v. State, 226 Ga.App. 576, 584(4), 486 S.E.2d 904 (1997) (cert. granted); Obi v. State, 230 Ga. App. 476(1), 496 S.E.2d 556 (1998).
2. Craft claims his plea was entered unintelligently because he mistakenly believed that he "could expedite the process without facing any jail time or fine or both..." by pleading guilty. Craft also asserts that his "plea was entered while he was intimidated in Court." Thus, according to Craft, the trial court erred when it denied his motion to withdraw his plea. These claims provide no basis for requiring the withdrawal of his guilty plea. Craft's claims of mistake and intimidation contradict the plea statement signed by Craft.
The question of whether to permit withdrawal of a guilty plea rests in the sound discretion of the trial court....
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