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Williams v. State

The transcript belied defendant's claims that his guilty plea to three counts of distribution of controlled substances, two counts of use of communication facility in the sale of cocaine and one count of possession with intent to distribute a controlled substance was involuntary.

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LaWarkee LaDay Williams entered a non-negotiated guilty plea to three counts of distribution of controlled substances, two counts of use of a communication facility in the sale of cocaine, and one count of possession with intent to distribute a controlled substance. He argues on appeal that the trial court erred both by not allowing him to withdraw his guilty plea and by sentencing him as a recidivist. We affirm. The record shows that this case stemmed from three separate transactions in which Williams sold crack-cocaine to a confidential informant working for the state, all three of which were recorded on videotape. Following his arrest, Williams waived his Miranda 1 rights and gave a statement to the arresting officer that included an admission as to the existence of additional drugs in his residence and a description of where the drugs could be found. The police later executed a search warrant of the residence and, consistent with Williams’s statement, found and seized the cocaine.

Citing Williams’s four prior felony convictions, the state filed notice of its intent to invoke repeat offender treatment under OCGA § 17-10-7 c. During pretrial negotiations, the state offered Williams a twenty year sentence, ten years to serve, and agreed not to seek recidivist treatment if he pled guilty prior to trial. Williams rejected the plea despite his counsel’s advice to accept the offer.

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