Robert Lemon Jones, Jr. was charged with three counts of Violation of the Georgia Controlled Substance Act for possession of cocaine with the intent to distribute Count 1, possession of Alprazolam with the intent to distribute Count 2, and possession of marijuana with the intent to distribute Count 3. On February 25, 2003, Jones entered a guilty plea to Count 1 to the lessor included offense of possession of cocaine and to Counts 2 and 3. Jones was sentenced on Count 1 to a total of 20 years, with 3 years to be served in confinement and the balance on probation and on both Counts 2 and 3 to a total of 10 years, with 3 years to be served in confinement and the balance on probation. The sentences on Counts 2 and 3 were to run concurrent with the sentence imposed on Count 1. Jones filed a motion to withdraw his guilty plea, which was denied by the trial court. Jones appeals the denial of his motion to withdraw his plea, arguing that his plea was not freely and voluntarily entered and that his counsel was ineffective. Because we find no merit to his arguments, we affirm. The record from the plea hearing shows the following factual basis for the conviction. On October 21, 2001, Conyers police officers responded to a car collision involving Jones which occurred in the parking lot of a local restaurant. When they arrived, Jones had parked his car in a parking space and locked his keys inside. On the seat of Jones’ car, officers saw what they suspected to be a bag of Ecstasy and began a drug investigation. Jones had $926 and a misdemeanor amount of marijuana in his pants pocket. During the investigation, a restaurant patron moved the car parked in the space next to the driver’s side of Jones’ car. The officers then saw a black shaving kit that contained 30 bags of marijuana; 5 Xanax tablets; a jar of superlactos, commonly used as a cutting agent; 2 grams of cocaine; a set of scales; and several empty small Ziplock bags. When Jones’ girlfriend arrived on the scene, she identified the black bag as belonging to Jones and stated that she had seen him with the black bag on numerous occasions.
1. We find no merit to Jones’ allegation that his plea was not knowingly and voluntarily entered. Once sentence is pronounced as occurred in this case, a withdrawal of a plea is within the sound discretion of the court, and this discretion will not be disturbed unless there is a manifest abuse of discretion. After a prisoner raises the question of the validity of his plea of guilty, the burden is on the state to show that the plea was intelligently and voluntarily entered. The state may accomplish this end by two means, 1 showing on the record of the guilty plea hearing that the defendant was cognizant of all of the rights he was waiving and the possible consequences of his plea; or 2 fill a silent record by use of extrinsic evidence that affirmatively shows that the guilty plea was knowing and voluntary. Citations and punctuation omitted. Clark v. State , 249 Ga. App. 722, 723 549 SE2d 520 2001.
