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Dockery v. State

The state met its burden of proving through the record that defendant's guilty plea to armed robbery and a firearms offense was knowing and voluntary.

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Markel Dockery challenges the validity of his guilty plea in his appeal from the trial court’s denial of his motion to withdraw the plea. As the court was authorized to find that the State carried its burden of “showing on the record of the guilty plea hearing that Dockery was cognizant of all of the rights he was waiving and the possible consequences of his plea,”1 we affirm.

Dockery was charged with armed robbery and possession of a firearm during the commission of a crime. At trial, he decided to enter an open-ended guilty plea to the charges. A plea hearing was held. Defense counsel and the trial judge explained to Dockery that the court was obligated to sentence him to serve a minimum of ten years without possibility of parole for armed robbery and to serve a consecutive but parolable five-year term on the firearm charge. When the trial judge asked Dockery whether he wanted to plead guilty or proceed with the trial, he gave an inaudible response and then said “open-ended plea.” At the plea hearing, Dockery answered an array of routine questions to establish that he was not under the influence of alcohol or drugs, that he was entering the guilty plea with an understanding of the charges, possible sentences, and terms of the plea, and that he was entering the plea voluntarily and with knowledge of the rights he was waiving.

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