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Johnson v. State

Neither the trial court nor defense counsel had any duty to inform defendant that he would have no right to withdraw his guilty plea to burglary once the court pronounced his sentence.

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Arthur Lee Johnson was indicted for the offense of burglary. The State filed and served a notice to seek recidivist punishment. Johnson subsequently entered a non-negotiated plea of guilty to the charge and was sentenced to ten years in confinement. Johnson filed a motion to withdraw his plea, which the trial court denied. Johnson appeals the denial of his motion to withdraw his plea, arguing that his plea was not freely and voluntarily entered and that his counsel was ineffective. Because we find no merit in his arguments, we affirm.

The record from the plea hearing shows a factual basis for the conviction. On the date of the offense, Johnson was working at a property adjacent to the victim’s home. He left the house but later returned to the victim’s home in her absence, opened the window, entered and took various items of the victim’s property. Johnson later admitted to his employer, the victim and a detective that he committed the crime. He sold the stolen items for $110.

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