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Brown v. State

Defendant voluntarily pled guilty after the trial judge listed the facts surrounding defendant's crimes, defendant admitted that the trial court's recitation of the facts were accurate and defense counsel explained all of defendant's rights.

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Davis Brown was sentenced to twenty years after pleading guilty to robbery by intimidation, aggravated assault, and various other offenses. On appeal Brown contends that the trial court erred in accepting his guilty plea since a counselor who indicated that Brown was competent to make a plea was unqualified to offer such an opinion. We discern no error and affirm.

At his guilty plea hearing, Brown was asked several questions about whether he understood the nature of the hearing and whether he was making his plea voluntarily. The judge listed in great detail the facts surrounding the allegations against Brown. Brown admitted that the judge’s recitation of the facts surrounding his arrest were accurate. Brown even expressed remorse for what he had done and offered an apology to one of the victims. He did not deny that he had committed the crimes in question, but offered the explanation that he was high on crack at the time that he had committed them. The Court also determined that all of Brown’s legal and Constitutional rights had been explained to him by his attorney. At no time during the hearing was there any mention of a psychological evaluation of Brown, nor did Brown indicate that he misunderstood anything about his guilty plea or the possible sentence that he could serve for entering such a plea.

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