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Shaheed v. State

The defendant did not have an absolute right to withdraw his guilty plea under O.C.G.A. § 17-7-93 b, upon remand from a prior appeal, because the defendant remained under a life sentence.

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Farah Mahmood Shaheed appeals the trial court’s denial of the motion to withdraw his guilty plea. Because Shaheed was not entitled to withdraw his plea as a matter of right and he has not demonstrated that the denial of his motion constitutes manifest injustice, we affirm. On July 3, 2000, Shaheed entered an Alford 1 plea to felony murder and aggravated assault by shooting in connection with an armed robbery and the shooting death of Le-Andre Barnes.2 The trial court sentenced Shaheed to life imprisonment under the First Offender Act.3 Shortly after sentencing, Shaheed filed a motion to withdraw his guilty plea, and the same day, the trial court eliminated the First Offender portion of the sentence. Shaheed appealed, and this Court reversed in Shaheed v. State ,4 Shaheed I concluding that the amendment of the sentence in Shaheed’s absence was impermissible.

1. Shaheed contends that upon this Court’s remand he had an absolute right to withdraw his guilty plea under OCGA § 17-7-93 b. Although OCGA § 17-7-93 b grants an absolute right to withdraw a guilty plea prior to sentencing, Shaheed remained under a life sentence following Shaheed I . As this Court expressly noted, the removal of the first offender portion of the sentence was an amendment to the sentence.5 Therefore, the trial court did not err in refusing to allow the withdrawal of the guilty plea under OCGA § 17-7-93 b.

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