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Schlau v. State

The trial court failed to hold a hearing on the pro se defendant's motion to withdraw his negotiated guilty plea.

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In the Superior Court of Charlton County, Brian Lee Schlau entered a negotiated guilty plea, pursuant to North Carolina v. Alford ,1 to statutory rape, OCGA § 16-6-3 a. Schlau filed pro se a timely motion to withdraw his guilty plea,2 alleging, inter alia, that he received ineffective assistance of counsel. In Case No. A03A0486, Schlau appeals pro se the denial of his motion to withdraw his guilty plea. In Case No. A03A1247, Schlau appeals pro se the denial of his motion for appointment of counsel on appeal. 1. “On appeal, a ruling on a motion to withdraw a guilty plea will not be disturbed absent manifest abuse of the trial court’s discretion.” Citation omitted. Banhi v. State , 252 Ga. App. 475, 475-476 555 SE2d 513 2001. As in Banhi v. State , because the trial court ruled on the motion to withdraw without holding a hearing, we are unable to make a determination as to whether the trial court properly exercised its discretion or abused the same. As a result, we must remand this case to the trial court to hold the necessary hearing and exercise its discretion based upon the evidence produced during the hearing. This holding renders appellant’s remaining enumerations of error moot. Citations and punctuation omitted. Accordingly, the judgment in Case No. A03A0486 is vacated. Id.

2. In Case No. A03A1247, Schlau contends the trial court erred in denying his motion for appointment of counsel on appeal.

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