Seabolt v. State

The superior court had jurisdiction over the juvenile defendant's charge for a violation of Georgia Street Gang Terrorism and Prevention Act and the lesser crimes related to the charge, since the Street Gang Act count included acts related to murder and armed robbery.

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Gary Seabolt “Seabolt” appeals from the denial of his motion to withdraw his pleas of guilty to the malice murder of Gary Lane Dale, the armed robbery of a convenience store, violation of the Georgia Street Gang Terrorism and Prevention Act, and other crimes, and from the denial of his motion to set aside void judgments. For the reasons that follow, we affirm.1 Seabolt was indicted on various charges with Brandon Wayne Smith and Nathan Seabolt, who is Seabolt’s brother. The indictment contained thirty counts; Seabolt was named in twenty-four of them. One count charged the three with violating the Georgia Street Gang Terrorism and Prevention Act, OCGA § 16-15-4 a “Street Gang Act”, by engaging in a pattern of criminal conduct between April 1, 1999, and January 2, 2000.2 Seabolt and Smith were also charged with the September 17, 1999, armed robbery of a convenience store.3 All three were also charged with the December 28, 1999, malice murder of Dale.4 The other charges against Seabolt included arson, aggravated assault, kidnapping, intimidating a witness, burglary, and possession of certain firearms during the commission of various crimes. Seabolt was fifteen years old at the time of the indictment. After negotiations, and shortly after Smith pled guilty to his charges, Seabolt entered guilty pleas to all the charges he faced. He was sentenced to two consecutive life terms, and various other terms of incarceration.

Seabolt then moved to withdraw his guilty pleas, contending that they were not entered voluntarily and knowingly due to ineffective assistance of counsel. He also filed a motion to set aside judgments that he contended were void. These motions were denied.

Seabolt v. State

The superior court had jurisdiction over the juvenile defendant's charge for a violation of Georgia Street Gang Terrorism and Prevention Act and the lesser crimes related to the charge, since the Street Gang Act count included acts related to murder and armed robbery.

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