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Poole v. State

The defendant did not show that withdrawal of his plea of guilty but mentally ill to three counts of terroristic threats and two counts of stalking was necessary to correct a manifest injustice.

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Mark Winford Poole entered a plea of guilty but mentally ill to three counts of terroristic threats and two counts of stalking pursuant to North Carolina v. Alford, 400 U.S. 25 91 SCt 160, 27 LE2d 162 1970. During the same term of court, Poole filed a motion to withdraw his guilty plea and a motion in arrest of judgment, both of which the trial court denied. On appeal, Poole contends that the trial court erred in denying his motion to withdraw his guilty plea because the court failed to follow the procedure set forth in OCGA § 17-7-131 b 2 for acceptance of a plea of guilty but mentally ill. Poole also contends that the trial court erred in denying his motion in arrest of judgment with respect to the terroristic threats counts because the indictment failed to allege with sufficient particularity the “crime of violence” threatened against the victims and failed to allege any corroboration for the alleged threats. For the reasons discussed below, we affirm.

1. Poole first argues that he was entitled to withdraw his plea to the terroristic threats and stalking charges because the trial court failed to follow the procedures set forth in OCGA § 17-7-131 b 2 for acceptance of a plea of guilty but mentally ill. We are unpersuaded because Poole has failed to prove that withdrawal of his plea is necessary to correct a manifest injustice.

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