Williams v. State

734 S.E.2d 745, 318 Ga. App. 744, 2012 Fulton County D. Rep. 3951, 2012 Ga. App. LEXIS 988
Court of Appeals of Georgia·Decided November 26, 2012·No. A12A0922·Published·Cited by 21 cases

Opinion

BARNES, Presiding Judge.

Wesley Scott Williams entered guilty pleas for two counts of rape under two separate indictments for related incidents involving two minor victims, his stepdaughter and her friend. He was sentenced to two concurrent life sentences. Williams now appeals, pro se, the denial of his motion to withdraw his guilty plea. Following our review, we affirm.

We note as an initial matter that Williams’ appellate brief consists of three handwritten, unnumbered pages which do not comport with the rules of this Court. The first paragraph contains a purported statement of the case and the facts. Thereafter, Williams lists three errors, although they are not denominated as such, and on page two he appears to set forth arguments related to the errors. The arguments, however, are all intertwined into one all-embracing diatribe about the events below, interspersed with what could loosely be termed arguments, although they do not reference any specific error nor are they supported by any meaningful legal authority. See Court of Appeals Rules 22, 23, and 27. Particularly frustrating in Williams’ case is the fact that he had been appointed appellate counsel to represent him on the motion to withdraw his guilty plea. Williams’ motion to dismiss his appellate attorney was granted on December 19, 2011, after counsel timely filed the notice of appeal from the denial of Williams’ motion to withdraw his guilty plea.

[T]he rules of this court are not intended to provide an obstacle for the unwary or the pro se appellant. Briefs that do not conform to the rules regarding enumerations of error, structure of briefs, argument, or citation of authorities, as [Williams’] fails to do, are not merely an inconvenience or grounds for refusing to consider a party’s contentions. Such [745] briefs hinder this court in determining the substance and basis of an appellant’s contentions both in fact and in law and may well prejudice an appellant’s appeal regardless of the amount of leniency shown. Nevertheless, we will address [Williams’] arguments, insofar as we are able to ascertain them from his brief.

Salazar v. State, 256 Ga.App. 50 (567 SE2d 706) (2002).

On appeal, Williams contends that he was denied his Sixth Amendment right to counsel, that his guilty plea was involuntary because it was illegally induced, and that his trial counsel was ineffective.

Aruling on a motion to withdraw a guilty plea lies within the sound discretion of the trial court and will not be disturbed absent a manifest abuse of such discretion. When the validity of a guilty plea is challenged, the state bears the burden of showing affirmatively from the record that the defendant offered his plea knowingly, intelligently, and voluntarily.

(Footnote omitted.) Frost v. State, 286 Ga.App. 694 (649 SE2d 878) (2007). The State must show “that the defendant was cognizant of all of the rights he was waiving and the possible consequences of his plea.” (Punctuation and footnote omitted.) Hubbard v. State, 301 Ga.App. 388 (687 SE2d 589) (2009). After a defendant’s sentence has been pronounced, his

guilty plea may be withdrawn only to correct a manifest injustice. The test for manifest injustice will by necessity vary from case to case, but it has been said that withdrawal is necessary to correct a manifest injustice if, for instance, a defendant is denied effective assistance of counsel, or the guilty plea was entered involuntarily or without an understanding of the nature of the charges.

(Footnotes omitted.) Id.

The record shows that Williams initially entered a plea of not guilty on two separate indictments for seventeen counts of various crimes involving his stepdaughter and her friend, including rape, child molestation and aggravated sodomy. Williams was appointed two attorneys before his trial, but he requested that each be removed from his case. At an October 16, 2008 hearing, Williams requested a bench trial and wanted a third lawyer, but the trial court advised him that he could either proceed with the second attorney or represent [746] himself. The trial court further advised that should Williams decide to represent himself, his appointed counsel would assist him at trial. Williams’ appointed trial counsel then noted for the record that Williams had complained that he was withholding evidence from him, and had committed various other errors, including withdrawing his speedy trial demand. Counsel stated that he had previously given Williams all of the discovery in his possession, but would provide Williams with another copy.

Williams’ bench trial commenced on August 23, 2010, at which he represented himself, with his appointed counsel present.1 On the fourth day of the trial, Williams decided to enter a guilty plea. On August 26, 2010, Williams filed a pro se motion for appellate counsel, and on September 7, 2010, a third attorney was appointed to represent Williams.

Williams filed a pro se motion to withdraw his guilty plea on September 10, 2010, in which he made numerous allegations, including that he had been coerced into entering a guilty plea, that he had lacked the medical and mental capacity to enter a guilty plea, and that trial counsel did not inform him that he would lose certain rights by entering a plea. Following a hearing, at which he was represented by his new attorney, the trial court denied the motion. The trial court found that, although Williams contended that he was coerced by his former attorney into taking the plea deal, Williams had expressly dismissed the attorney before trial because he had contended that “he got bad information from the lawyer.” At the hearing, the trial court noted that Williams had expressly rejected his attorney, and observed that

he cannot then come back into court and say, well, [the attorney] gave me bad information. [The attorney] was not his lawyer. [Williams] had chosen to represent himself, at that point. . . . And furthermore, he was questioned on the record, do you understand the recommended sentence, the negotiated plea, do you have any questions about it, any questions about your rights; there were none at all that were raised at the time of the plea. I find that... Williams made numerous efforts, despite filing a speedy trial demand, to delay the trial.

On February 4, 2011, Williams’ third counsel filed a timely notice of appeal from the order. Williams, thereafter, filed several pro se [747] motions in the trial court, including a motion for an out-of-time appeal, motion to void his conviction, and a request for transcripts. The trial court denied his motions, and Williams filed a pro se application for discretionary review of the denial of his motion for an out-of-time appeal. We granted the application, and both appeals were docketed in this court on January 12, 2012.2 This Court subsequently dismissed the latter appeal because it raised the same issues as the direct appeal filed by Williams’ attorney.

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Williams v. State, 734 S.E.2d 745, 318 Ga. App. 744, 2012 Fulton County D. Rep. 3951, 2012 Ga. App. LEXIS 988 (Ga. Ct. App. 2012).

734 S.E.2d 745 (Williams v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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