Pruitt v. State

747 S.E.2d 694, 323 Ga. App. 689, 2013 WL 4017359, 2013 Ga. App. LEXIS 711
CourtCourt of Appeals of Georgia
DecidedAugust 8, 2013
DocketA13A1355
StatusPublished
Cited by12 cases

This text of 747 S.E.2d 694 (Pruitt v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pruitt v. State, 747 S.E.2d 694, 323 Ga. App. 689, 2013 WL 4017359, 2013 Ga. App. LEXIS 711 (Ga. Ct. App. 2013).

Opinion

Ray, Judge.

Landrea Pruitt appeals from the denial of her motion to withdraw a nonnegotiated guilty plea, arguing that because her trial counsel rendered ineffective assistance, the trial court’s denial was an abuse of discretion. We disagree and affirm.

On May 2, 2011, a grand jury indicted Pruitt on five counts of theft by taking pursuant to OCGA § 16-8-2. The charges stemmed from allegations that Pruitt took funds from related businesses for which she served as a bookkeeper and accounting manager. Her case was tried before a jury, and on October 28, 2011, prior to closing arguments, Pruitt entered a guilty plea on all counts, which the trial court accepted following a hearing. The trial court sentenced Pruitt as a recidivist to twenty years, with seven to serve in confinement and the balance to be served on probation. The trial court also ordered Pruitt to pay $31,559.61 in restitution and a $1,000 fine. On November 21, 2011, Pruitt timely moved to withdraw her guilty plea, alleging, inter alia, that she received ineffective assistance of counsel. Following a hearing, the trial court denied that motion. Pruitt appeals.1

1. As an initial matter, we note that Pruitt’s brief fails to comply with our rules. Pruitt has propounded a compound enumeration of error and, as to some issues, has failed to provide record citations or cite to relevant legal authority.

Our requirements for appellate briefs “were created not to provide an obstacle, but to aid parties in presenting arguments in a manner most likely to be fully and efficiently comprehended by this Court; a party will not be granted relief should we err in deciphering [690]*690a brief which fails to adhere to the required form.” (Footnote omitted.) Currid v. DeKalb State Court Probation Dept., 274 Ga. App. 704, 706 (1) (618 SE2d 621) (2005). Pruitt further offers an array of merely conclusory statements in support of the enumeration, which “are not the type of meaningful argument contemplated by [Court of Appeals] Rule 25 (a) (3).” (Citation and punctuation omitted.) Towry v. State, 304 Ga. App. 139, 148 (2) (g), n. 7 (695 SE2d 683) (2010). “[T]his Court will not cull the record in search of error on behalf of a party. Accordingly, if we have missed something in the record or misconstrued an argument, the responsibility rests with counsel.” Burrowes v. State, 296 Ga. App. 629, 631 (1) (675 SE2d 518) (2009).

2. In her compound enumeration of error, Pruitt alleges, inter alia, that her trial counsel was ineffective in failing to investigate and prepare for the case because trial counsel did not pick up discovery materials until several days before trial, did not speak to certain potential witnesses, and did not consult with Pruitt between arraignment and trial.

“After sentence is pronounced, whether to allow the withdrawal of a guilty plea lies within the trial court’s sound discretion, and we review the trial court’s decision for manifest abuse of that discretion.” (Citation and punctuation omitted.) Bailey v. State, 313 Ga. App. 824, 824-825 (723 SE2d 55) (2012). Because Pruitt’s motion was based on an ineffective assistance of counsel claim, the trial court was required to apply the two-pronged test set forth in Strickland v. Washington, 466 U. S. 668 (104 SCt 2052, 80 LE2d 674) (1984), to determine whether counsel’s performance was deficient and, if so, whether Pruitt was prejudiced by the deficiency. Bailey, supra at 825. “Although the State generally bears the burden of establishing the validity of a plea on a motion to withdraw, [Pruitt] bears the burden in this case of establishing [her] claim of ineffective assistance of counsel.” (Citation omitted.) Id. Pruitt had to show the trial court that “there is a reasonable probability that, but for defense counsel’s errors, [she] would not have pleaded guilty. [Pruitt] carries an even heavier burden on appeal because the trial court’s [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 SE2d 701) (1999). This Court independently applies the legal principles to the facts. Suggs v. State, 272 Ga. 85, 87 (4) (526 SE2d 347) (2000).

At the hearing on her motion to withdraw, Pruitt relied solely on her own testimony, and she did not present other witnesses or call trial counsel to testify. In considering an ineffectiveness claim, there is a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance, and if trial counsel does [691]*691not testify, “it is extremely difficult to overcome this presumption.” (Footnote omitted.) Hutto v. State, 320 Ga. App. 235, 240 (3) (739 SE2d 722) (2013).

Pruitt was represented by retained counsel when she pled guilty. When Pruitt pled, she testified that she understood that she was giving up her rights to have a jury determine her guilt or innocence, that she was admitting to the offenses in the indictment, that she understood the maximum penalties for each count against her, and that she understood that she would be sentenced as a recidivist. She further testified that she had received a notice of habeas corpus rights, that she had reviewed it with her attorney and understood her rights, that she was voluntarily pleading guilty, and that she had not been coerced or pressured in any way.

(a) Failure to prepare for trial. Pruitt contends that trial counsel “wholly failed to prepare and investigate” her case such that “the whole proceeding lost its character as a confrontation between adversaries.” She argues on appeal that her lawyer did not pick up discovery materials until a few days before trial and thus was not adequately prepared, and that he did not review discovery with her. However, at the hearing on her motion to withdraw her guilty plea, she testified that she was not sure when her lawyer picked up or reviewed the discovery materials. She testified, both at trial and at the hearing on her motion to withdraw her plea, that she had seen all documentary evidence against her and that she saw the State’s evidence at trial.

Pruitt presented no evidence at the hearing on the motion to withdraw her plea, nor does she make any argument on appeal, regarding the nature of the evidence she refers to or what it would have shown. Thus, it is impossible for us to know whether the evidence at issue even was presented at trial. See Fraser v. State, 283 Ga. App. 477, 484 (4) (d) (642 SE2d 129) (2007). Further, Pruitt has made no showing as to how her counsel’s alleged failure to review the evidence until shortly before trial either prejudiced her trial or influenced her decision to plead guilty. We are not required to address both the deficient performance and prejudice prongs of the ineffective assistance of counsel test if the defendant has made an insufficient showing on either one of them, and “a court need not determine whether counsel’s performance was deficient before examining the prejudice suffered by the defendant as a result of the alleged deficiencies.” Strickland, supra at 697 (IV). There is a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance. Id. at 689 (III) (A).

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Cite This Page — Counsel Stack

Bluebook (online)
747 S.E.2d 694, 323 Ga. App. 689, 2013 WL 4017359, 2013 Ga. App. LEXIS 711, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pruitt-v-state-gactapp-2013.