Hill v. State

Tyrone Hill was indicted in Cobb County on September 23, 1999 on two counts of aggravated assault and one count of entering an automobile. On October 11, 2002, Hill entered a negotiated plea that included both charge and sentence bargaining. Upon his plea to entering an automobile, the state decided not to prosecute the two counts of aggravated assault. Hill was sentenced to five years in prison, to run concurrent with another, more lengthy unrelated sentence, in accordance with the negotiations between the state and his attorney. Within the same term of court, Hill filed a pro se petition to withdraw his guilty plea. Hill alleged “he lacked a full and complete understanding of the charge, my rights and the implications of my plea.” In particular he alleged that no one explained the charges, the possible pleas, and the arguable defenses to him. Hill also claimed that, since he was not informed of the maximum penalty, he was unaware of the consequences and “the immediate effect of the guilty plea.”

The trial court appointed new counsel and heard evidence concerning the motion to withdraw Hill’s guilty plea. Thereafter, the trial court denied Hill’s request to withdraw his plea, specifically finding his “testimony that he was misled by his attorney to be wholly without credibility.” Hill appeals from that decision, arguing that his attorney failed to inform him of the availability of certain witnesses and defenses to the charges which he faced until the day after he entered his plea.