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Mann v. State

Trial counsel fully informed the defendant as to the possible consequences of a guilty verdict and the effect of his three prior felonies on sentencing.

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Anstaniel Jarvis Mann was convicted of armed robbery, kidnapping with bodily injury, aggravated assault, burglary, and theft by taking. On appeal he contends he received ineffective assistance of counsel when trial counsel misinformed him about the mandatory life sentence without parole that he would receive as a four-time recidivist if he were convicted after trial. Construed in favor of the verdict the evidence shows that Mann violently attacked the victim with a brick in the victim’s yard, bound the victim’s hands, forced the victim at knife point to unlock his house, then forced the victim into the house and tied him up. Mann took money, a radio, and boots and left in the victim’s car. Mann was found in the victim’s car wearing the victim’s boots, and the victim identified Mann at trial as the perpetrator.

Prior to trial, the prosecutor, at defense counsel’s request, explained on the record that he had offered a plea bargain to Mann through his counsel: Mr. Phillips has asked that I place on the record the following; that the State in this case has provided to Mr. Phillips, aggravation of sentencing in this case. Mr. Mann has three prior felony convictions in Upson County. . . I have made an offer to Mr. Phillips that I would not introduce those into evidence and let Mr. Mann plead to a life sentence or 30 years, his choice. And that was the offer to Mr. Mann. The prosecutor then itemized the sentence for each alleged crime and reiterated his plea offer to the court and all present:

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