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Blackwell v. State

The defendant waived his right to withdraw his guilty plea when he agreed to testify against his co-indictees as part of a plea deal.

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Following the trial court’s denial of his motion to withdraw his guilty plea prior to sentencing, Prinson Blackwell appeals. Specifically, Blackwell contends that the trial court erred in its determination that the right under OCGA § 17 7 93 b of a criminal defendant to withdraw a guilty plea prior to sentencing may be waived and that Blackwell made such a waiver. For the reasons set forth below, we affirm.

The record reveals that, on August 14, 2012, Blackwell entered a guilty plea to malice murder and several other offenses in connection with his role in the shooting death of Keniesha Carr and the aggravated assault of Derrick Carr. As part of his plea, Blackwell agreed to provide truthful testimony at the trial of his co-indictees, Kerwin Tate and Xavier Bradford. However, on the eve of his co-indictees’ trial, Blackwell filed a motion to withdraw his guilty plea pursuant to OCGA § 17 7 93 b, because he had not yet been sentenced. See id. At any time before judgment is pronounced, the accused person may withdraw the plea of ‘guilty’ and plead ‘not guilty’. The trial court denied the motion.

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