James Lamar Saye was indicted by a Cherokee County grand jury on two counts of vehicular homicide, one count of driving under the influence, one count of reckless driving, and three counts of violation of the Georgia Controlled Substances Act. On February 14, 2002, Saye entered a negotiated plea of guilty which the trial court accepted after a hearing in which the State’s evidence was outlined by the prosecutor and Saye was questioned regarding the facts and his plea of guilty. Before sentencing, on February 25, 2002, Saye withdrew his guilty plea. He also fired his first attorney, and a second attorney was appointed by the trial court. On March 20, 2002, Saye entered a second plea of guilty to the same charges, and after a second hearing in which the State again summarized the evidence and the trial court questioned Saye, his negotiated plea was accepted and he was sentenced. On September 6, 2002, Saye moved for permission to file an out-of-time motion and also filed an out-of-time motion to withdraw his second guilty plea. The trial court heard his motion to withdraw the plea on the merits and denied it. He appeals, alleging that his second plea counsel was ineffective and that his plea was not entered knowingly, voluntarily, and intelligently. We find no merit in any of these contentions, and we therefore affirm.
1. Saye asserts ineffective assistance of his second plea counsel in three respects: failure to inform him that his guilty plea was entered pursuant to North Carolina v. Alford , 400 U. S. 25 91 SC 160, 27 LE2d 162 1970, failure to file a timely motion to withdraw his guilty plea, and failure to investigate and prepare his case. But the record demonstrates that the trial court’s decision was supported by some evidence and was not clearly erroneous. To show ineffective assistance of counsel, a defendant who pleads guilty must show that his counsel erred and that there is a reasonable probability that, but for counsel’s errors, he would not have pled guilty and would have insisted on going to trial. The trial court’s findings of fact are subject to a “clearly erroneous” standard of review. Citations and punctuation omitted. Johnson v. State , 260 Ga. App. 897, 899-900 2 581 SE2d 407 2003.
