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Thorpe v. State

Defendant failed to show any harm in the disposition of an alternative count for criminal attempt to commit trafficking, regardless of whether the alternate count was nol prossed or factually merged into the charge of conspiracy to traffic in cocaine.

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Kenny Tobias Thorpe entered a non-negotiated guilty plea in the Superior Court of Glynn County to the offense of conspiracy to traffic in cocaine, for which offense Thorpe was sentenced to ten years imprisonment; at the time of sentencing, a nolle prosequi was entered on the alternate count of criminal attempt to commit trafficking.

Thereafter, Thorpe made a pro se motion for an out-of-time appeal of his guilty plea, claiming he received ineffective assistance of counsel because his trial attorney failed to inform him of his right to appeal his guilty plea. The trial court denied the motion, finding that, “Since there is no right to appeal a guilty plea, there is no requirement that an accused who pleads guilty be advised of that non-existent right.”

 
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