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Williams v. State

The sentences stemming from offenses related to the controlled substances Lortab and Lorcet were vacated and the case was remanded for determination as to which schedule the substances belong on and as to the appropriate sentence.

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Tommy L. Williams pled guilty to three counts of an indictment that charged him with various crimes related to the sale, possession, and possession with intent to distribute controlled substances. About one month after sentencing, Williams moved to withdraw his guilty plea. He appeals the trial court’s denial of his motion, contending that his plea was not freely, knowingly, and voluntarily entered. He also argues that his sentence was illegal in that it exceeded the maximum allowed by law. For the reasons that follow, we affirm in part, and vacate and remand in part.

As a threshold matter, we note that the evidence at the plea hearing presented the trial court with a sufficient factual basis for the entry of a guilty plea. Viewed appropriately,1 the evidence shows that, while out on bond after pleading guilty to selling controlled substances in Berrien County, Williams was arrested in Tift County on the charges at issue here after selling controlled substances to an undercover officer with the Tift County Sheriff’s Department Narcotics Interdiction Unit. After his arrest, Williams was found to be in possession of Oxycontin, Lortab, and Lorcet. With the assistance of counsel, Williams entered a non-negotiated guilty plea to Counts 7, 9, and 10 of the indictment. Count 7 charged him with possession of Oxycontin with intent to distribute; Count 9 charged him with the sale of Lorcet; and Count 10 charged him with the sale of Lortab. The trial court sentenced Williams on each count to 30 years, with 20 years to serve and the remainder on probation. All sentences were to run concurrently.

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