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Norwood v. State

The trial court did not abuse its discretion in denying the defendant's motion to withdraw his negotiated guilty plea, as the defendant failed to establish that his counsel was ineffective.

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Following his negotiated guilty plea to obstruction of an officer and disorderly conduct, Vincent Norwood, moved to withdraw his guilty plea contending that trial counsel was ineffective and that his plea was not entered voluntarily and knowingly. Norwood now appeals the denial of his motion, and argues that his trial counsel was ineffective for failing to apprise him of the consequences of his plea to his probation status, and thus, as he lacked this knowledge, his plea was not entered voluntarily and knowingly. For the reasons that follow, we find that the trial court did not abuse its discretion in denying Norwood’s motion, and affirm. Once a sentence has been entered, a guilty plea may be withdrawn only to correct a manifest injustice. Maddox v. State , 278 Ga. 823, 826 4 607 SE2d 587 2005. The test for manifest injustice will by necessity vary from case to case, but it has been said that withdrawal is necessary to correct a manifest injustice if, for instance, a defendant is denied effective assistance of counsel, or the guilty plea was entered involuntarily or without an understanding of the nature of the charges. Citation and punctuation omitted. Id. Absent a manifest abuse of discretion, a trial court’s ruling on a motion to withdraw a guilty plea will not be disturbed. Trimble v. State , 274 Ga. App. 536 1 618 SE2d 163 2005.

On April 27, 2010, Norwood, who was represented by appointed counsel, entered a guilty plea to obstruction of an officer and disorderly conduct, and was sentenced to twelve months probation for each conviction. At the time he entered the plea Norwood was on probation for two separate burglary convictions and aggravated assault. At the conclusion of his plea hearing, the trial court conducted a probation revocation hearing, after which Norwood’s probation was revoked two years on each conviction, with the time to be serve concurrently.

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