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Frazier v. Mathis

The defendant presented no evidence from which the habeas court could conclude that the results of his challenged plea would have been more beneficial to him had counsel spent more time with him, or investigated the case further, or how any additional communication with counsel would have changed his decision to enter a guilty plea.

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Warden David Frazier appeals from the grant of a writ of habeas corpus to Arlandus Mathis. For the reasons that follow, we reverse. Mathis also uses the name Arlandus Dickerson. On December 13, 1988, Mathis was indicted under the name of Dickerson on one charge of possession of cocaine with intent to distribute. Mathis was one of two passengers in a car which was stopped by police officers of the City of East Point, in Fulton County for a tag violation; the other passenger and the driver were co-indictees on the same charge. Eighteen bags containing cocaine were found under the driver’s seat. On March 6, 1989, Mathis accepted a plea agreement, pled guilty to simple possession of cocaine, and was sentenced to four years probation as a First Offender.1 See OCGA § § 42-8-60 to 42-8-66.

On January 8, 1990, Mathis, under that name, pled guilty to two charges of possession of cocaine, and received a sentence of three years probation as a First Offender. Mathis failed to meet the conditions of his 1989 probation; revocation proceedings were initiated, and it was discovered that by using the two names, he had received a second sentence under the First Offender statute, which is not available. See OCGA § 42-8-60 b. On October 10, 1991, his probationary sentences were revoked, and he was sentenced to two terms of 15 years in prison, to be served consecutively, and one term of 12 months, to be served concurrently. In 1991, he was also charged with malice murder and aggravated assault; he went to trial, was convicted of voluntary manslaughter, and received a sentence of 15 years, with 12 years to be served in confinement, and three years on probation.2

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