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Stockton v. State

The Court of Appeals vacated the denial of the defendant's motion to withdraw his guilty plea and remanded the case for an evidentiary hearing on whether his plea was involuntary based on ineffective assistance of counsel.

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In this out-of-time appeal, Antonio Stockton appeals from the trial court’s order denying his motion to withdraw his plea of guilty to armed robbery and theft by taking.1 He contends that he received ineffective assistance of counsel because his lawyer failed to investigate his mental competence before he pled guilty. Because the trial court did not conduct an evidentiary hearing to determine whether Stockton’s plea was rendered involuntary based upon ineffective assistance of counsel before denying his motion, we vacate the trial court’s order denying the motion to withdraw and remand this case to the trial court to hold an evidentiary hearing on Stockton’s motion to withdraw his guilty plea. Johnson v. State , 273 Ga. App. 11 614 SE2d 477 2005. The State’s contention that Stockton’s only remedy is to pursue a habeas corpus petition is without merit. The State relies upon cases in which the defendant seeks to appeal from a guilty plea, not an order denying a motion to withdraw a guilty plea. See, e.g., Manion v. State , 228 Ga. App. 270-271 491 SE2d 506 1997; compare Caine v. State , 266 Ga. 421-422 467 SE2d 570 1996 comparing a direct appeal from a guilty plea with a direct appeal from a motion to withdraw a guilty plea; Frost v. State , 286 Ga. App. 694 649 SE2d 878 2007 direct appeal after hearing held on motion to withdraw guilty plea.

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