Taylor v. State, A99A0886.
Decision Date | 27 July 1999 |
Docket Number | No. A99A0886.,A99A0886. |
Citation | 239 Ga. App. 329,521 S.E.2d 375 |
Parties | TAYLOR v. The STATE. |
Court | Georgia Court of Appeals |
OPINION TEXT STARTS HERE
William P. Nash, Jr., Columbus, for appellant.
J. Gray Conger, District Attorney, E. Wayne Jernigan, Jr., Assistant District Attorney, for appellee.
A Muscogee County jury found Johnny Taylor guilty of one count of entering an automobile and one count of attempting to enter an automobile. Taylor appeals, contending that he received ineffective assistance of counsel. As Taylor's contention lacks merit, we affirm.
On February 2, 1997, Charles Thompson saw Taylor rummaging through a Jeep Cherokee belonging to Thompson's neighbor while the Cherokee's silent alarm lights were flashing. Thompson, who was in his car, called 911 from his car phone and reported the incident. After Taylor exited the Jeep, Thompson saw him go to another neighbor's house and attempt to open the doors of a Chevrolet Blazer. Shortly thereafter, Taylor was apprehended by the police.
Prior to trial, Taylor rejected a plea bargain of five years with two to serve. Taylor was offered a second plea bargain of five years with three to serve, which Taylor also rejected. After a jury convicted Taylor, the trial court sentenced him to five years on the first count and two and one-half years on the second count, to be served consecutively for a total of seven and one-half years. As Taylor is a recidivist, he is not eligible for parole.
In his sole enumeration of error on appeal, Taylor contends that he received ineffective assistance of counsel because his trial attorney failed to timely inform him of the consequences of recidivist punishment— namely, that he would be ineligible for parole. See OCGA § 17-10-7. At the hearing on the motion for new trial, Taylor testified that he would have accepted the plea bargain had he fully understood the ramifications of going to trial.
To continue reading
Request your trial-
Carson v. State, A03A1403.
...212. 21. Id. at 581-582(1), 513 S.E.2d 212. 22. 238 Ga.App. 69, 517 S.E.2d 801 (1999). 23. Id. at 72(3), 517 S.E.2d 801. 24. 239 Ga.App. 329, 521 S.E.2d 375 (1999). 25. 257 Ga.App. 642, 644(3), 572 S.E.2d 660 (2002); see Mann v. State, 240 Ga.App. 809, 810(1)(b), 524 S.E.2d 763 (1999); Gary......
- Hope v. State, A99A0947.
-
Hester v. State, A03A0738.
...the minimum sentence for a second conviction for possessing cocaine with intent to distribute is ten years. 8. See Taylor v. State, 239 Ga.App. 329, 330, 521 S.E.2d 375 (1999) (defendant unable to sustain ineffective assistance claim where attorney fully informed him of consequences of reje......
-
King v. State
...attorney's failure to inform a defendant regarding his ineligibility for parole does not constitute ineffective assistance of counsel. Taylor v. State;7Mann v. State;8 see Williams v. [E]ligibility or ineligibility for parole is not a consequence of a plea of guilty, but rather is a matter ......