White v. State

806 S.E.2d 489, 302 Ga. 315
Supreme Court of Georgia·Decided October 16, 2017·No. S17A1083·Published·Cited by 90 cases

Opinion

NAHMIAS, Justice.

Appellant Wardell Deloun White entered guilty pleas to felony murder and other crimes in connection with the shooting deaths of Victor Martinez and Mauricio Maldonado, and the trial court entered judgments of conviction and sentence on the guilty pleas that did not merge. During the same term of court, Appellant filed two pro se motions to withdraw guilty pleas. The State moved to dismiss the pro se motions on the ground that Appellant was represented by counsel when he filed them, and the trial court granted the State’s motion. Appellant, assisted by counsel, filed a timely notice of appeal. We affirm.

1. On the night of April 28-29, 2012, Appellant participated in a home invasion in Eastanollee, Georgia, that resulted in the deaths of Martinez and Maldonado. On April 30, Appellant was arrested, and on May 3, attorney Drew W. Powell of the Mountain Judicial Circuit Public Defender’s Office filed an entry of appearance in the trial court on Appellant’s behalf. On July 17, a Stephens County grand jury indicted Appellant, along with two other defendants, on two counts of malice murder, two counts of felony murder, burglary, attempted armed robbery, two counts of aggravated assault, violation of the Georgia Street Gang Terrorism and Prevention Act, and three counts of possession of a firearm during the commission of a felony. Appellant was also charged with possession of a firearm by a convicted felon, two related counts of felony murder, and making a false statement during an official investigation. On October 16, the State filed a notice of intent to seek the death penalty against Appellant.

On January 16, 2013, attorney Jerilyn Bell of the Office of the Georgia Capital Defender filed an entry of appearance on Appellant’s behalf, and on February 15, Emily Gilbert of the same office filed an entry of appearance. On October 15,2014, Joseph W.Vigneri, another attorney with the Capital Defender’s office, filed a notice of substitution for Bell as lead counsel.

[316] On September 18, 2015, during the July 2015 term of the Stephens County Superior Court,1 Appellant entered negotiated guilty pleas to one count of felony murder against Martinez, burglary, attempted armed robbery, two counts of aggravated assault, violation of the Georgia Street Gang Terrorism and Prevention Act, one count of possession of a firearm during the commission of a felony, possession of a firearm by a convicted felon, and making a false statement; the other charges were nolle prossed. On the same day, the trial court entered a final judgment noting the charges that were nolle prossed, merging Appellant’s guilty plea to burglary into his guilty plea to felony murder predicated on burglary, and sentencing Appellant to serve life in prison with the possibility of parole plus a total of 15 consecutive years.

The following month, on October 15,2015, the trial court received a handwritten letter from Appellant in which he requested to withdraw his guilty pleas.2 The court treated the letter as a pro se motion to withdraw guilty pleas. On October 21, the court served the letter on the District Attorney and defense counsel and issued a rule nisi, copied to the “Georgia Public Defender Standards Council,” setting a hearing on December 1 to consider whether conflict counsel should be appointed for Appellant in light of the allegations in his handwritten letter against his present counsel. On November 5, Appellant, acting pro se, filed a motion to withdraw guilty pleas, claiming that the indictment was void, his pleas were invalid, the trial court erred in accepting the guilty pleas, and he received ineffective assistance of counsel. On November 12, Vigneri and Gilbert filed a motion to withdraw as counsel for Appellant.

On December 1, 2015, the case appeared on the trial court’s 1:30 p.m. hearing calendar, but Appellant was unavailable, so the hearing [317] was continued. At 1:45 p.m., the chief legal officer for the Georgia Public Defender Council (“GPDC”) filed an Objection to Jurisdiction and Statement of Interest that objected to the trial court’s effort to control who represented Appellant and reported that

the [GPDC] director has appointed Defendant White’s case to William A. (Bill) Morrison. The Council has contracted with Mr. Morrison before on capital matters, and Mr. Morrison has had the necessary training to advise Defendant White on his motion to withdraw his guilty plea.

On December 11, the trial court granted Vigneri and Gilbert’s motion to withdraw as counsel for Appellant and entered a separate order rescheduling the December 1 hearing to February 9, 2016, “for the purpose of hearing the merits of [Appellant’s] Motion to Withdraw Guilty Plea.” The hearing was later continued to February 12, 2016.

At the outset of the February 12 hearing, the State orally moved to dismiss Appellant’s pro se motions to withdraw guilty pleas on the ground that he was represented by counsel when he filed them. Morrison, who appeared as counsel for Appellant at the hearing, complained of the lack of notice that the State was going to move to dismiss. The court gave Morrison 10 days to respond to the State’s motion and suspended the hearing for 60 days to allow Morrison time to investigate the medications that Appellant was on and his state of mind when he entered his guilty pleas. On February 23, Morrison filed an amended motion to withdraw guilty pleas, asking that Appellant’s letter to the court and pro se motion to withdraw guilty pleas be amended by adding Morrison as Appellant’s attorney of record and that the amendments “relate back” to the time of the original filings. On March 7, 2016, the trial court entered an order dismissing Appellant’s pro se motions.

Morrison filed a timely notice of appeal on Appellant’s behalf. After the trial court transmitted the record to this Court, the appeal was docketed to the April 2017 term and submitted for decision on the briefs.

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White v. State, 806 S.E.2d 489, 302 Ga. 315 (Ga. 2017).

806 S.E.2d 489 (White v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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