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Rogers v. State

The record showed that the defendant entered his plea freely, knowingly, and voluntarily.

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James Robert Rogers appeals the denial of his motion to withdraw his plea of guilty to the felony murder of Cheryl Gilmore. For the reasons that follow, we affirm.1 According to the indictment and the factual basis put forth by the State at Rogers’s plea hearing, Rogers had a long-standing, violent relationship with Gilmore; Rogers’s actions during that relationship had previously resulted in charges of battery and aggravated stalking. On the weekend of Gilmore’s death, Rogers threw her against a wall and a refrigerator, resulting in fatal blunt force trauma to her head. Rogers pled guilty to one count of felony murder, and was sentenced to life in prison.

Rogers contends that his guilty plea was not entered freely, knowingly, and voluntarily, in that during his plea hearing, at which he was represented by counsel, he was not adequately advised of the rights he was waiving by pleading guilty, particularly his privilege against self-incrimination. The entry of a guilty plea involves the waiver of three federal constitutional rights: the privilege against compulsory self-incrimination, the right to trial by jury, and the right to confront one’s accusers. It is the duty of a trial court to establish that the defendant understands the constitutional rights being waived, and the record must reveal the defendant’s waiver of those constitutional rights. Boykin v. Alabama , 395 U.S. 238, 243 89 SC 1709, 23 LE2d 274 1969. Hawes v. State , 281 Ga 822 642 SE2d 92 2007. During the plea hearing, Rogers was asked:

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