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Ranger v. State

The trial court erred in sentencing the defendant to 20 years to serve on a criminal attempt to commit robbery conviction, as the maximum sentence he could have received was 10 years.

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Nathan Ranger entered a non-negotiated plea of guilty to two counts of robbery, to robbery as a lesser included offense in three counts of armed robbery, and to one count of criminal attempt to commit robbery OCGA §§ 16-4-1, 16-8-40, 16-8-41.1 He appeals from the denial of his motions to withdraw the guilty plea, contending that his plea was not freely and voluntarily made because he did not know he would be sentenced as a recidivist. He also argues that his sentence as to the count of criminal attempt to commit robbery was illegal. We affirm the trial court’s denial of Ranger’s motion to withdraw his guilty plea; however, because Ranger was improperly sentenced on the criminal attempt to commit robbery charge, we vacate that portion of his sentence and remand for resentencing.

To determine whether a guilty plea is valid, the record must show that the defendant understands the plea and the constitutional rights he is relinquishing. Boykin v. Alabama, 395 U. S. 238, 242 89 SCt 1709, 23 LE2d 274 1969. The State has the burden on review of establishing that the plea was knowingly and voluntarily entered. Williams v. State, 296 Ga. App. 270, 271 1 a 674 SE2d 115 2009. The State may meet its burden “by showing on the record of the guilty plea hearing that the defendant was cognizant of all the rights he was waiving and the possible consequences of his plea, or by use of extrinsic evidence that affirmatively shows that the guilty plea was knowing and voluntary.” Citation and punctuation omitted. Loyd v. State, 288 Ga. 481, 485 2 b 705 SE2d 616 2011; Uniform Superior Court Rule 33.8. After sentencing, the decision on a motion to withdraw a guilty plea is within the trial court’s sound discretion and will not be disturbed absent a manifest abuse of that discretion. Williams, supra. Further, “we accept the trial court’s findings on all issues involving the resolution of witness credibility and factual disputes.” Citation omitted. Id.

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