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McCranie v. State

The trial court's interference in the plea negotiations cast doubt as to whether the defendant's guilty plea was voluntary.

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Christopher Sean McCranie pled guilty to child molestation OCGA § 16-6-4 a 1 and statutory rape OCGA § 16-6-3 a.1 Appearing pro se, McCranie appeals from the trial court’s denial of his consolidated motion for an out-of-time appeal, to withdraw a guilty plea and to vacate a void sentence. McCranie contends that the trial court erred in denying his motion because 1 his plea was involuntary and 2 his sentence is void. For the reasons that follow, we affirm the denial of McCranie’s motion to withdraw his guilty plea, but reverse the denial of his motion for an out-of-time appeal because the trial court did not make the requisite factual inquiry into whether McCranie’s failure to timely pursue a direct appeal was attributable to him or his trial counsel. We also vacate McCranie’s sentence for statutory rape, and remand the case for proceedings consistent with this opinion.

In 2010, McCranie was charged with several sex crimes after he had sexual intercourse with a developmentally disabled 14-year-old girl. On June 10, 2010, McCranie appeared with counsel at his plea hearing. The State’s initial plea offer was twenty years, with ten years to serve for child molestation and sexual battery.

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