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Alexander v. State

Because parole ineligibility is a collateral consequence of a guilty plea, any failure to discuss that consequence with the defendant would not constitute deficient performance of counsel.

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Calvin Alexander brings this appeal from the denial of his timely-filed motion to withdraw his guilty plea. In his sole enumeration of error, Alexander argues that his lawyer’s failure to advise him, prior to the entry of his guilty plea, that he would be ineligible for parole constituted ineffective assistance and entitles him to withdraw that plea. Pursuant to the Georgia Supreme Court’s decision in Williams v. Duffy, 270 Ga. 580, 581 1 513 SE2d 212 1999, we find that Alexander’s counsel was effective, as a matter of law. Accordingly, for reasons explained more fully below, we affirm the order of the trial court.

The record shows that on March 14, 2011, Alexander entered a non-negotiated Alford plea1 in Fulton County Superior Court under which he pled guilty to three counts of aggravated child molestation,2 two counts of statutory rape,3 three counts of child molestation,4 and two counts of enticing a child for indecent purposes.5 At the plea hearing, Alexander stated that he was entering the plea because he believed doing so was in his best interest; that he understood he was entering a non-negotiated guilty plea with the sentence to be decided by the judge; that he had been advised of the maximum and minimum sentence he could receive for each charge; and that he understood that the State was asking for a sentence of 30 years, but that the judge did not have to honor that request.

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