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Carson v. State

The defendant admitted knowing that the armed robbery charge carried a minimum 10-year sentence, but thought that his sentence of 25 years with 13 to serve was a bit harsh.

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On June 21, 2010, Rashaad Carson entered a non-negotiated i.e., “blind” guilty plea in the Superior Court of Douglas County to armed robbery, OCGA § 16-8-41 a; three counts of aggravated assault with a deadly weapon, OCGA § 16-5-21 a 2; cruelty to children in the first degree, OCGA § 16-5-70 b; and possession of a firearm during the commission of a felony, OCGA § 16-11-106 b 1. The trial court sentenced him to 25 years imprisonment, 13 to serve. On July 12, 2010, Carson filed a motion to withdraw his guilty plea. Following a hearing, the trial court denied the motion. Carson appeals, contending that the court erred in denying his motion because his guilty plea was not entered knowingly and voluntarily and that the court erred in failing to merge two of his convictions. Finding no error, we affirm. 1. Carson contends that he did not voluntarily and knowingly enter his guilty plea, claiming that he did not understand the consequences of the plea because he believed that he could withdraw his plea and proceed to trial if he was not comfortable with the trial court’s sentence.1

“A guilty plea may be withdrawn anytime before sentencing, but, once a sentence has been entered, a guilty plea may only be withdrawn to correct a manifest injustice.” Punctuation and footnote omitted. Earley v. State , 310 Ga. App. 110, 112 712 SE2d 565 2011. A ruling on a motion to withdraw a guilty plea lies within the sound discretion of the trial court and will not be disturbed absent a manifest abuse of such discretion. When the validity of a guilty plea is challenged, the State bears the burden of showing affirmatively from the record that the defendant offered his plea knowingly, intelligently, and voluntarily. Punctuation and footnote omitted. Muckle v. State , 283 Ga. App. 395, 397 641 SE2d 603 2007.

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