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Arnold v. State

The defendant did not show that her guilty plea was involuntary or that she should have been permitted to withdraw the plea to correct a manifest injustice.

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Via indictment, appellant, Darchelle Renee Arnold, was charged with two counts of malice murder, four counts of felony murder, three counts of armed robbery, and six counts of aggravated assault, in connection with the shooting deaths of two victims and the wounding of another. Pursuant to a negotiated plea, appellant pled guilty to two counts of felony murder and one count of aggravated assault. She was sentenced to two concurrent terms of life for each felony murder count and twenty years on probation, to be served consecutively, for aggravated assault. Appellant subsequently filed a motion to withdraw her guilty plea, claiming: 1 ineffective assistance of counsel, and 2 she did not enter a knowing, voluntarily, and intelligent plea. Following a hearing, the motion was denied and this appeal followed. Finding no error, we affirm.

1. Appellant contends defense counsel was ineffective because defense counsel erroneously informed her she would be eligible for parole within the first 30 years of her imprisonment if she accepted the plea offer. She also asserts defense counsel mistakenly told her she could withdraw her guilty plea any time after sentencing. Summing up, appellant claims that, but for the erroneous advice of defense counsel, she would not have entered a guilty plea.

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