McCloud v. State, A99A2047.
| Decision Date | 12 October 1999 |
| Docket Number | No. A99A2047.,A99A2047. |
| Parties | McCLOUD v. The STATE. |
| Court | Georgia Court of Appeals |
OPINION TEXT STARTS HERE
Lynch, Spears & Shuman, John H. Tarpley, Decatur, for appellant.
J. Tom Morgan, District Attorney, Barbara B. Conroy, Maria Murcier-Ashley, Lawrence Delan, Assistant District Attorneys, for appellee. McMURRAY, Presiding Judge.
Defendant now appeals the denial of his motion to withdraw his guilty pleas to two counts of child molestation, which are based on a showing that defendant sexually molested his young stepchild. These pleas were entered after the trial court rejected defendant's request to plead guilty, without having to admit any wrongdoing, under the procedure set forth in North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162. Held:
1. Defendant contends that his court-appointed attorney ineffectively failed to investigate his case, prepare for trial, or provide defendant with sufficient opportunity to review certain evidence. Defendant claims that these deficiencies prevented him from freely and voluntarily entering his guilty pleas.
To prevail on his ineffective assistance of counsel claim, defendant had to convince the trial court to disregard the strong presumption that his trial attorney provided him with effective assistance. Defendant also had to prove to the trial court that his attorney's performance fell below an objective standard of reasonableness and that there is a reasonable probability that, but for defense counsel's errors, defendant would not have pleaded guilty. Battle v. State, 234 Ga.App. 143, 145(4), 505 S.E.2d 573; Edmond v. State, 214 Ga.App. 707, 708(2), 448 S.E.2d 775. Defendant carries an even heavier burden on appeal because the trial court's finding on these issues will not be disturbed absent a showing of clear error. Martin v. State, 268 Ga. 584, 585, 492 S.E.2d 223.
In the case sub judice, defendant's trial attorney testified that he began consulting with defendant more than two months before the guilty plea hearing; that he interviewed two potential defense witnesses during this time (defendant's adult male friend and defendant's wife, the victim's mother); that he reviewed the victim's video-recorded statement; that he copied and examined the State's file; that he assigned investigators to contact defendant's first lawyer; and that he advised defendant as to the consequences of a letter wherein the victim recants his claims against defendant. This testimony, and the strong presumption that defendant's trial attorney provided effective assistance, authorizes the trial court's finding that defendant was provided with effective assistance of counsel. Battle v State, 234 Ga.App. at 145(4), 505 S.E.2d 573, supra.
2. Defendant next contends that he did not voluntarily, freely, and knowingly enter his guilty pleas.
Roberts v. Greenway, 233 Ga. 473, 475, 211 S.E.2d 764 (1975). Whether to allow the withdrawal of a voluntarily, intelligently entered guilty plea after the pronouncement of sentence is within the sound discretion of the trial court. State v. Germany, 246 Ga. 455, 456, 271 S.E.2d 851 (1980).
Holman v. State, 236 Ga.App. 111, 114(2), 511 S.E.2d 240.
In the case sub judice, before the trial court took defendan...
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Bailey v. State
...of ineffective assistance of counsel] will not be disturbed absent a showing of clear error.” (Citation omitted.) McCloud v. State, 240 Ga.App. 335(1), 525 S.E.2d 701 (1999). Bailey was represented by attorney Kevin Schumaker of the public defender's office when he entered his guilty plea. ......
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Whitesides v. State
...contradicted his plea hearing testimony, credibility issues arose, which only the trial court could resolve. McCloud v. State, 240 Ga.App. 335, 336(2), 525 S.E.2d 701 (1999). 3. We are also satisfied that the record of the plea hearing demonstrates fully that Whitesides comprehended that he......
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Pruitt v. State, A13A1355.
...[factual] findings on these issues will not be disturbed absent a showing of clear error.” (Citations omitted.) McCloud v. State, 240 Ga.App. 335, 335(1), 525 S.E.2d 701 (1999). This Court independently applies the legal principles to the facts. Suggs v. State, 272 Ga. 85, 87(4), 526 S.E.2d......
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Taylor v. State
...706-707(2), 523 S.E.2d 871 (1999); Swantner v. State, 244 Ga.App. 372, 373-374(1), 535 S.E.2d 343 (2000). 4. See McCloud v. State, 240 Ga.App. 335, 336(2), 525 S.E.2d 701 (1999) (defendant's plea free and voluntary based in part on his statement to court that he had discussed case with his ......