Stephens v. State, A98A2124.
| Decision Date | 14 December 1998 |
| Docket Number | No. A98A2124.,A98A2124. |
| Citation | 235 Ga. App. 756,510 S.E.2d 575 |
| Parties | STEPHENS v. The STATE. |
| Court | Georgia Court of Appeals |
OPINION TEXT STARTS HERE
Robert G. Stephens, pro se.
Saia, Richardson & Meinken, Joseph J. Saia, Peachtree City, for appellant.
Robert E. Keller, District Attorney, Todd E. Naugle, Assistant District Attorney, for appellee.
Robert Greg Stephens pled guilty to a violation of the Georgia Controlled Substances Act. In his sole enumeration of error, he contends that the trial court erred in accepting his guilty plea without a knowing and voluntary waiver of his constitutional rights.1 We reject Stephens' arguments and affirm.
The record establishes that Stephens was charged by accusation with knowingly possessing more than 200 grams of a mixture containing methamphetamine. On February 2, 1998, the case came for trial before the superior court and the court recited the charge to Stephens. The court then recounted that Stephens had previously entered a plea of guilty, which the court subsequently had allowed him to withdraw.
The court took a break, during which Stephens apparently decided to plead guilty. After the break, the court recited the charges from the accusation. The State then presented the facts it relied upon to prosecute Stephens, the recommended sentence and factors which led to that recommendation, and stated that Stephens had agreed to plead guilty.
The court asked Stephens whether he had read Exhibit A, which is the "Statement of Defendant Desiring to Enter Negotiated Plea"; whether the statement was true; and whether he had freely and voluntarily signed it. That statement, which is signed by Stephens and his attorney, certified that Stephens understood the charge against him; that he had discussed the charge with his attorney; that he understood the specific rights he was waiving by entering his plea (the form specified the various rights Stephens was waiving); that he understood the maximum and minimum possible sentences for the offense; that he understood the sentence he would receive; and that he was entering the plea freely, voluntarily, with a full understanding of the charges, and without coercion.
The court then ascertained that defendant's attorney had signed the statement entitled: "Statement of Defendant's Attorney When Plea is Tendered." That statement certified that defendant's attorney had explained to Stephens all of his constitutional and statutory rights; that he had gone over with Stephens the "Statement of Defendant Desiring to Enter Negotiated Plea"; that he had advised his client of the available alternatives to entering a plea and of considerations deemed important to him in reaching a decision; and that he knew of no reason his client should not enter a plea.
The court then concluded that Stephens understood the charges against him; that he had freely and voluntarily tendered a plea of guilty; and that he had freely and voluntarily waived his constitutional rights.
Here, Stephens argues that the proceedings surrounding the entry of his plea were unduly confusing and that his plea was not entered into voluntarily and knowingly. This argument lacks merit. (Citations and punctuation omitted.) Bacon v. State, 201 Ga.App. 641, 411 S.E.2d 785 (1991); see also ...
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