Geyer v. State

Otto Geyer was indicted on charges of aggravated child molestation, aggravated sexual battery, and two counts of child molestation, for offenses involving his ex-wife’s niece. While represented by an attorney, Geyer pled guilty to two counts of child molestation. The state agreed to not prosecute the remaining charges. After holding plea and sentencing hearings, the court sentenced Geyer to 20 years on one child molestation charge, 13 of which would be served in confinement, and 20 years of probation on the other molestation charge. Geyer filed a motion to withdraw the guilty plea. He appeals from the court’s denial of the motion. 1. Geyer contends his plea was not entered into knowingly and voluntarily. Specifically, he states that before he entered the guilty plea, he was told by counsel that counsel would meet with the judge in chambers, that Geyer was a candidate for probation and that he would receive a sentence of two to three years in prison at most. Geyer says his decision to plead guilty was linked to counsel’s assertions. This enumeration presents no basis for reversal.

A review of the record makes it clear that Geyer’s guilty plea was knowing and voluntary. At the plea hearing, Geyer admitted that he was in fact guilty, acknowledged that he had been informed of his rights, and affirmed that he had not been promised anything, threatened or coerced. Geyer affirmed that he was not suffering from any mental incapacity and was not under the influence of any drug or narcotic. Geyer’s attorney stated that he had explained Geyer’s rights to him and that Geyer seemed to understand them.