Joseph Kelly David appeals from the trial court’s order denying his motion to withdraw his guilty plea to the offense of first degree homicide by vehicle and denying his motion in arrest of judgment attacking the validity of the indictment. For the following reasons, we affirm. 1. David pleaded guilty to the offense of homicide by vehicle in the first degree as set forth in OCGA § 40-6-393 a based on an indictment alleging that he drove a vehicle under the influence of alcohol in violation of OCGA § 40-6-391, thereby causing the death of a passenger in the vehicle when he lost control and the vehicle overturned. He claims the trial court should have granted his motion to withdraw the guilty plea, filed after sentence was pronounced, because he did not knowingly and voluntarily enter the plea due to ineffective assistance from the attorney who represented him on the guilty plea.
The two-prong test established in Strickland v. Washington , 466 U. S. 668 104 SC 2052, 80 LE2d 674 1984 to address claims that trial counsel was ineffective also applies to claims that a guilty plea attorney was ineffective. Hill v. Lockhart , 474 U.52 106 SC 366, 88 LE2d 203 1985. Accordingly, David was required to show that his counsel’s performance was deficient and that, but for the deficiency, there was a reasonable probability he would not have pleaded guilty and would have insisted on going to trial. Hill, 474 U. S. at 59; Williams v. Duffy , 270 Ga. 580, 581 513 SE2d 212 1999. In addressing claims that counsel’s performance was deficient, a court must determine whether counsel’s advice was reasonable under the circumstances, and must apply the strong presumption that counsel’s conduct fell within the wide range of reasonable professional conduct and that all of counsel’s significant decisions were made in the exercise of reasonable professional judgment. Williams , 270 Ga. at 581; Smith v. Francis , 253 Ga. 782, 783 325 SE2d 362 1985. The trial court’s determination that a defendant was afforded effective assistance of counsel must be upheld on appeal unless clearly erroneous. Williams v. State , 214 Ga. App. 106 446 SE2d 789 1994.
