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Johanson v. State

Defendant was not entitled to withdraw her first offender plea as a matter of right under O.C.G.A. § § 17-7-93 b and 42-8-60 a.

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On September 18, 1995, Stephanie Johanson, acting pro se, entered a negotiated plea to four counts of aggravated child molestation and one count of child molestation.1 She was given concurrent 20 year sentences for each count with ten years to serve and ten years probation. On February 14, 2002, Johanson filed a motion to withdraw her guilty plea, which the trial court denied. She appeals pro se from that order. Finding no error, we affirm. 1. Johanson enumerates several arguments in support of her contention that the trial court erred in denying her motion to withdraw her guilty plea. After sentence is pronounced, withdrawal of a guilty plea is allowed only to correct a manifest injustice, and the trial court’s refusal to allow withdrawal will not be disturbed on appeal absent a manifest abuse of discretion. Beck v. State , 222 Ga. App. 168 473 SE2d 263 1996. See also USCR 33.12 A.

a. Johanson first argues that under OCGA § 17-7-93 b, which gives a criminal defendant the right to withdraw her guilty plea “at any time before judgment is pronounced” and OCGA § 42-8-60 a, which provides that a trial judge who elects to give a defendant first offender status does so “without entering a judgment of guilt,” she is entitled as a matter of right to withdraw her guilty plea. This Court, however, has previously rejected this argument and held OCGA § 17-7-93 inapplicable to pleas resulting in first offender status. See Fair v. State , 245 Ga. 868, 877 8 268 SE2d 316 1980; Heath v. State , 148 Ga. App. 559 252 SE2d 4 1978; Davenport v. State , 136 Ga. App. 913 2 222 SE2d 644 1975.

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