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Wiley v. State

The evidence supported the trial court's determination that, under the circumstances of the case, defense counsel's failure to offer his professional input as to whether the defendant should accept or reject the State's plea offer did not constitute deficient performance.

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A Banks County jury found Crystal Wiley guilty of four counts of aggravated child molestation, OCGA § 16-6-4 c; four counts of child molestation, OCGA § 16-6-4 a 1; and four counts of sexual battery, OCGA § 16-6-22.1 b. Wiley appeals following the trial court’s denial of her motion for new trial. She contends that her trial counsel was ineffective in failing to offer his informed opinion as to whether she should accept or reject the State’s plea offer of 15 to 20 years, to serve ten in prison.

The evidence, viewed in the light most favorable to the jury’s verdict, see Jackson v. Virginia, 443 U. S. 307 99 SCt 2781, 61 LE2d 560 1979, showed that the victim’s mother, who was also Wiley’s sister, testified that Wiley told her in 2012 that Wiley had molested the victim beginning when the victim was seven years old. Within hours of Wiley’s disclosure, the mother spoke to the victim, then eleven years old, and she confirmed that Wiley had molested her. The victim testified to multiple acts of sodomy and molestation committed against her by Wiley.

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