Barnes v. State

The trial court properly denied the defendant's motion for appointment of counsel to assist him with the filing and presentation of a motion to withdraw his guilty plea, since the motion to withdraw would have been untimely.

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In 1993, appellant Joseph Barnes was found guilty of malice murder, two counts of felony murder and armed robbery. His convictions were affirmed by this Court but his death sentence was vacated based on a finding that the trial court improperly restricted the scope of mitigating evidence presented at the sentencing phase. Barnes v. State, 269 Ga. 345, 360-361 496 SE2d 674 1998. After the case was remanded for a new sentencing trial on the malice murder conviction, appellant entered into a sentencing agreement in which he agreed to plead guilty and accept a sentence of life without parole in exchange for the State’s withdrawal of its notice of intent to seek the death penalty. Pursuant to this agreement, in November 1999, appellant was sentenced to life without parole for malice murder. This Court affirmed the trial court’s denial of appellant’s pro se motion for out-of-time appeal in Barnes v. State, 291 Ga. 831 732 SE2d 752 2012. In that appeal, we specifically rejected appellant’s arguments that his sentence for malice murder was illegal because it was contrary to the agreement and Georgia law. Id. at 833. In November 2012, appellant filed and the trial court denied a motion for appointment of counsel to assist with the filing and presentation of a motion to withdraw his guilty plea. He appeals, and for the reasons that follow, we affirm.

Appellant contends the trial court erred by denying his request for appointment of counsel. Relying on our decision in Fortson v. State, 272 Ga. 457 1 532 SE2d 102 2000, he argues that a proceeding to withdraw a guilty plea is a critical stage of the prosecution, and he is, therefore, entitled to appointed counsel. The State argues appellant was required to file his motion to withdraw in the same term in which he was sentenced and that his motion is 14 years late.

Barnes v. State

The trial court properly denied the defendant's motion for appointment of counsel to assist him with the filing and presentation of a motion to withdraw his guilty plea, since the motion to withdraw would have been untimely.

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