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Harris v. State

The child molestation defendant's trial counsel fulfilled his duty of providing the defendant with informed legal advice regarding the State's plea offer and counsel's performance was not deficient.

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Following a jury trial, Michael Orlando Harris was convicted of child molestation OCGA § 16-6-4 a. On appeal, Harris contends that his trial counsel was ineffective in failing to render informed advice as to whether he should accept the State’s offer of a negotiated guilty plea. For the reasons set forth below, we disagree and affirm.

Viewed in the light most favorable to the jury’s verdict, see Jackson v. Virginia, 443 U. S. 307 99 SCt 2781, 61 LE2d 560 1979, the evidence shows that in April 2011, Harris lived with his wife, Quianna Harris, their two young children, and twelve-year-old P. D., Quianna Harris’s daughter from a previous relationship. P. D. testified that while she and Harris were alone in the house, they played the game of “truth or dare.” During the course of the game, Harris dared P. D. to take off her clothes, which she did. After P. D. put her clothes back on, she noticed that Harris, who was clothed, had an erection. P. D. further testified that Quianna Harris became angry after she found out what P. D. and Harris had done, and that she came into P. D.’s room, scratched her, and pulled her out of the bed.

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