Keith Eugene Johnson was charged as a recidivist with seven counts each of armed robbery and kidnapping, aggravated assault, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon. Johnson entered a negotiated plea of guilty to all of the charges, with the exception of the counts charging recidivism and possession of a firearm during the commission of a felony, both of which were nolle prossed by the district attorney.1 Johnson was sentenced to serve 18 years. Johnson moved to withdraw his guilty plea on the grounds that he received ineffective assistance of counsel, and the trial court denied his motion. On appeal, Johnson enumerates two errors but asserts only one argument, that the trial court should have granted his motion to withdraw his guilty plea due to counsel’s ineffectiveness. We disagree and affirm. Johnson contends that he pled guilty solely because he feared proceeding to trial with his attorney, Mr. Erb. In support of his contention, he maintains that he and Erb had not adequately communicated; that Erb had been hostile toward him; and that Erb had not interviewed Tilley, who was a potentially exculpatory witness. The record shows that before Johnson entered his plea, he informed the court that he was dissatisfied with Erb’s services and wanted an opportunity to retain new counsel. In response to Johnson’s complaints, Erb explained to the court that he talked to Johnson before his arraignment, but Johnson was shipped out the following day; that Johnson was antagonistic and belligerent when they spoke; that he had been in contact with Johnson’s brother and daughter almost daily trying to identify potential witnesses; and that he had hired a private investigator at his own expense to find witnesses to no avail. The trial court denied Johnson’s request for a new lawyer.
After disposing of other preliminary matters, the trial court reminded Johnson that once the jury trial began, the offer available to him at that juncture, 20 years to serve, would no longer be available. The district attorney informed the court and Johnson that it would nolle prosse a separate indictment against Johnson. The trial court then informed Johnson that he would get six years of credit for time served, and that if convicted, he would be sentenced to life without parole. Johnson reminded the court that the initial offer was 15 years, and he was told that the initial offer was no longer available because he had absconded. The court recessed, and upon Johnson’s return to court, he accepted an offer to serve 18 years, which Erb had negotiated with the prosecutor during the recess. Johnson filed his motion to withdraw guilty plea,2 which the trial court denied.
