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Miller v. State

The fact that defendant was 18 years old, had not hired an attorney and had only one day to consider the state's plea offer did not make his guilty plea to burglary and robbery charges involuntary.

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Indicted for numerous offenses and represented by two attorneys, Christopher Miller negotiated a sentence and charge reduction with the State and pled guilty to two offenses burglary and robbery by intimidation. After a detailed inquiry to ensure Miller was acting voluntarily, the court accepted the guilty plea and entered the negotiated sentence. Two days later Miller moved to withdraw his guilty plea, arguing the plea was involuntary because i as an 18-year-old with no counsel from his family he had been scared and overwhelmed by the process, and ii he had received only one day to consider the State’s offer. Following a hearing, the court denied the motion.

On appeal Miller asserts two errors: a in light of his age, distraught psychological condition, and lack of time to consider the plea, the court erred in finding the plea was voluntary, and b the court erred in denying the motion to withdraw the plea where the transcript showed that, in seeming contradiction to the court’s pronouncement, the State said the plea agreement would be violated if Miller sought a sentence reduction from the Sentence Review Panel. Because evidence supported a finding of voluntariness, and because Miller did not raise the sentencing-panel issue below, we affirm.

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