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Roberts v. State

The trial court did not err in accepting the defendant's guilty plea to felony murder, as there was a sufficient factual basis for his guilty plea and the record showed that his plea was intelligently made.

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In August 2008, Kelly Roberts entered a plea of guilty to felony murder — after a Richmond County jury was struck to try him — in connection with the fatal shooting of Ian Mosley. The trial court entered a judgment of conviction and sentenced Roberts to imprisonment for life with the possibility of parole, which was the sentence provided in the plea agreement. Roberts now appeals, claiming that there was an insufficient factual basis for his guilty plea and that his plea was not intelligently made. We see no error and affirm.1

1. Roberts first appears to claim that his guilty plea was not supported by a sufficient factual basis. The record shows, however, that the prosecutor — joined by Roberts’s trial lawyer — recited facts at the plea hearing that were sufficient to support Roberts’s conviction for felony murder, either as a direct participant or as a party to the crime.2 See Freeman v. State, 297 Ga. 146, 150 3 771 SE2d 889 2015. The trial court’s acceptance of Roberts’s plea establishes that it was satisfied with the recitation presented at the plea hearing, and we see no error in that finding. See Adams v. State, 285 Ga. 744, 747 3 a 683 SE2d 586 2009.

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