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Storch v. State

The defendant knowingly, intelligently and voluntarily entered a negotiated guilty plea to aggravated assault with intent to commit rape.

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On May 5, 2004, Mark Allen Storch pleaded guilty in the Superior Court of Cobb County to aggravated assault with intent to commit rape. Storch timely appealed his conviction on June 3, 2004, questioning the validity of his guilty plea. That same day, he filed a motion to withdraw his plea, as well as a motion to allow an out-of-time motion to withdraw the plea. The trial court dismissed both motions for lack of subject matter jurisdiction. Storch then amended his notice of appeal to include those dismissals in this appeal. For reasons that follow, we affirm. 1. Storch claims that the trial court erred in accepting his guilty plea because it was not knowingly, intelligently, and voluntarily made, and he never admitted his guilt. “When a defendant challenges on direct appeal the validity of the guilty plea he entered in the trial court, the State has the burden of demonstrating, by means of the record of the guilty plea or by means of extrinsic evidence, that the plea was intelligently and voluntarily entered.”1 We will not set aside a trial court’s determination that the defendant intelligently and voluntarily pleaded guilty unless that determination is clearly erroneous.2

In this case, the State points to the transcript of the guilty plea hearing as evidence of Storch’s intelligent and voluntary plea. At the hearing, Storch pleaded guilty to aggravated assault with intent to commit rape and possession of cocaine, which was part of a separate indictment. Both pleas were negotiated, and, as part of the negotiation, the State agreed to enter a nolle prosequi on several other charges associated with the aggravated assault.

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