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Blackmon v. State

The defendant knowingly and voluntarily entered his guilty plea.

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Dewey Blackmon pled guilty to one count of robbery in April 2008. Later that month, he moved to withdraw his plea, alleging that he did not enter it knowingly and voluntarily. The trial court denied Blackmon’s motion, and this appeal followed. We affirm. 1. When a defendant challenges the validity of his guilty plea, the state must demonstrate that he intelligently and voluntarily entered the plea.1 It “may do so by either 1 showing on the record of the plea hearing that the defendant understood the rights he was waiving and the consequences of his plea, or 2 filling a silent record with extrinsic evidence that affirmatively shows the plea was knowing, intelligent, and voluntary.”2 Acting as the fact finder, the trial court exercises its discretion in resolving a motion to withdraw a guilty plea, and we will not disturb its ruling absent a manifest abuse of that discretion.3

The record shows that before entering his plea, Blackmon signed a written Plea Proceeding Record, which listed the various rights he was waiving by pleading guilty. He indicated on the form that he understood the nature of the robbery charge, was entering the plea knowingly and voluntarily, had not been influenced by any promise or threat, and had been informed of the possible punishment range.

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