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Seagraves v. State

Even assuming that defendant had a right to allocution when he entered his non-negotiated guilty plea to aggravated assault, aggravated battery and reckless driving, any such right was satisfied when counsel argued on defendant's behalf.

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Terry Lynn Seagraves entered a non-negotiated guilty plea to aggravated assault, aggravated battery, and reckless driving. The trial court sentenced him to 30 years, with 15 years to be served in confinement and the remainder to be served on probation. Seagraves timely moved to withdraw his guilty plea, but the trial court denied the motion. Seagraves appeals, arguing that he was denied his right to allocution to speak before the trial court imposes sentence. We find that any right to allocution was satisfied when counsel argued on Seagraves’ behalf. Seagraves argues that he received ineffective assistance of counsel, but we find that counsel’s performance was not deficient. We therefore affirm the trial court’s denial of Seagraves’ motion.

1. Facts.

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