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Green v. State

The defendant entered his guilty plea to malice murder knowingly and voluntarily, after waiving his constitutional rights.

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Appellant Dexter Wendell Green, pro se, appeals from the trial court’s order granting the State’s motion to dismiss appellant’s motion for an out-of-time appeal. In 1990, appellant entered a guilty plea and was sentenced to life in prison for malice murder. In May 2011, appellant moved for an out-of-time appeal, claiming he was not indicted, or that he involuntarily waived the indictment, and that the trial court failed to question him about the voluntariness of his plea. Appellant also alleged that his counsel was ineffective for failing to advise him that he could withdraw his guilty plea. For the reasons that follow, we affirm.

1. “A criminal defendant has no unqualified right to file a direct appeal from a judgment of conviction and sentence entered on a guilty plea, and an appeal will lie from a judgment entered on a guilty plea only if the issue on appeal can be resolved by facts appearing in the record.” Brown v. State, 290 Ga. 321 1 720 SE2d 617 2012 internal citations and quotations omitted.1 To demonstrate that a plea was intelligently and voluntarily entered, the State may show “on the record of the guilty plea hearing that the defendant was cognizant of all the rights he was waiving and the possible consequences of his plea. . . .” Loyd v. State, 288 Ga. 4812b 705 SE2d 616 2011.

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