Thompson v. Greene, S95A1246
| Decision Date | 23 October 1995 |
| Docket Number | No. S95A1246,S95A1246 |
| Citation | 265 Ga. 782,462 S.E.2d 747 |
| Parties | THOMPSON, Warden v. GREENE. |
| Court | Georgia Supreme Court |
Michael J. Bowers, Atty. Gen., Susan V. Boleyn, Senior Asst. Atty. Gen., Department of Law, Atlanta, and Richard J. Warren, Asst. Atty. Gen., Atlanta, for Thompson.
Derrick A. Greene, Abbeville, pro se.
On January 24, 1994, Derrick A. Greene pled guilty to one count of trafficking in cocaine in violation of the Georgia Controlled Substances Act. Sentencing was deferred until February 4, 1994, when Greene was sentenced to 26 years, 25 of which were to be served in incarceration. Greene filed an Application for Writ of Habeas Corpus. After an evidentiary hearing, the Superior Court of Wilcox County granted the relief Greene sought and set aside his guilty plea and vacated his sentence. Wendy Thompson, Warden of the Wilcox County Correctional Institution, where Greene is incarcerated, appeals from the order of the habeas court.
The habeas court found that the State did not prove that the plea was freely and voluntarily entered. Specifically, it determined that in exchange for Greene's plea of guilty he was given hope that a reduced sentence would be recommended if he cooperated in drug sting operations and testified against his co-defendants. The habeas court also found Greene's counsel to be ineffective.
1. The transcript of Greene's guilty plea hearing shows that he responded in the negative when asked by the trial court whether anyone had promised him leniency in return for his plea of guilty. However, the transcript also reveals that after accepting Greene's plea, the trial court acknowledged the State's desire to defer sentencing until a later date and requested the State's punishment recommendation. The following dialogue between the court and counsel occurred:
The State has agreed to not oppose or at least consent to a motion for modification of sentence if he does cooperate to the extent that he turns for the State more than one half kilo of cocaine between now and the time that the motion to modify is brought.
The State then disavowed that Greene was being promised anything in exchange for his testimony against his co-defendants.
Testimony before the habeas court established that Greene testified against his co-defendants, who were convicted, and contacted the District Attorney's office and a narcotics detective in an attempt to render the "cooperation" discussed at the plea hearing. The previously discussed cocaine acquisition was never arranged and Greene subsequently received the sentence originally recommended by the State. Thus, through no fault of his own, Greene was unable to complete the entire bargain envisioned by both the State and the defense.
A plea of guilty is valid only if freely and voluntarily made. Strickland v. State, 199 Ga. 792, 35 S.E.2d 463 (1945). Regardless of the State's pronouncement that Greene was not promised anything in return for his testimony and other future actions, the record clearly evidences that cooperation by Greene was consideration for what he thought would be a lesser sentence. This arrangement for future cooperation was not collateral to the guilty plea; rather, it was hope of benefit inextricably bound to it. After the court deferred sentencing, the State articulated a reduced charge it would bring, and a reduced sentence it would recommend, if Greene cooperated. The trial court never indicated that it would not follow the State's recommendation of a reduced sentence. See State v. Germany, 246 Ga. 455, 271 S.E.2d 851 (1980). As a result, Greene was led to believe that his cooperation in conjunction with his guilty plea would guarantee a lighter punishment. The fact that Greene...
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