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Barnes v. State

The defendant failed to prove his ineffective assistance of trial counsel claim, and the trial court therefore properly denied his motion to withdraw his guilty plea on the ground that he pled guilty due to his counsel's failure to adequately prepare for trial.

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Melvin W. Barnes appeals the denial of his motion to withdraw his guilty plea. In his sole enumeration of error, Barnes asserts that the trial court erred in denying his motion to withdraw his guilty plea, which he contends was only entered due to the ineffective assistance of his trial counsel. Finding no error, we affirm.

“After sentence is pronounced, whether to allow the withdrawal of a guilty plea lies within the trial court’s sound discretion, and we review the trial court’s decision for manifest abuse of that discretion.” Citation and punctuation omitted. Bailey v. State, 313 Ga. App. 824, 824-825 723 SE2d 55 2012. And, “the trial court is the final arbiter of all factual issues raised by the evidence.” Citation and punctuation omitted Id. at 825. Where a defendant who pleads guilty seeks to overturn his conviction on the basis of a claim of ineffective assistance of counsel, he must show both that counsel’s performance was deficient and that there is a reasonable probability that, but for counsel’s errors, he would not have pleaded guilty and would have insisted on going to trial. See, e.g., Johnson v. State, 307 Ga. App. 853, 855 706 SE2d 201 2011.

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