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Curtis v. State

The trial court did not abuse its discretion in denying the defendant's motion to withdraw his voluntary guilty plea, because he failed to show that his plea counsel was ineffective.

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This is an appeal from the denial of a motion to withdraw a guilty plea. We find no error, and thus affirm the trial court’s ruling. In the fall of 2002, Eugene Curtis was arrested for various drug offenses. He retained counsel to represent him at a preliminary hearing, but Curtis fired that attorney and hired a second lawyer to represent him at a bond hearing. Curtis was subsequently indicted for sale of MDMA or “ecstasy,” sale of cocaine, possession of codeine with intent to distribute, possession of cocaine, possession of marijuana with intent to distribute, possession of more than an ounce of marijuana, and being a recidivist.

On September 2, 2003, Curtis appeared in court with his third attorney, Tammy Stokes, to enter his not guilty plea to the indicted charges. But when the case came on for trial on October 21, 2003, Curtis appeared in court with both Stokes, who was prepared for trial, and Arthur Gibson, an attorney whom he had hired the previous week. Gibson told the court that although he was not prepared to go to trial, Curtis wanted to retain him and discharge Stokes. The court took a short recess to allow Curtis and the attorneys to confer, but stated that after the recess the trial would begin.

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