Thompson v. State, 524 S.E.2d 239 (Ga. Ct. App. 1999). · Go Syfert
Thompson v. State, 524 S.E.2d 239 (Ga. Ct. App. 1999). Cases Citing This Book View Copy Cite
35 citation events (32 in the last 25 years) across 2 distinct courts.
Strongest positive: Trennedy Maddox v. State (gactapp, 2021-04-20)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 12 distinct citers. How cited ↗
examined Cited as authority (rule) Trennedy Maddox v. State (3×) also: Cited "see"
Ga. Ct. App. · 2021 · confidence medium
Mercier and Colvin, JJ., concur. defendant’s guilty plea waived challenge to the trial court’s denial of his motion to suppress); see also Lefkowitz v. Newsome, 420 U.S. 283, 288 (I) (95 SCt. 886, 43 LE2d 196) (1975) (noting the general rule that “[w]hen a criminal defendant has solemnly admitted in open court that he is in fact guilty of the offense with which he is charged, he may not thereafter raise independent claims relating to the deprivation of constitutional rights that occurred prior to the entry of the guilty plea” (punctuation omitted)). 2 Smith, 350 Ga. App. at 20 (punctua…
examined Cited as authority (rule) Haneef Abdul Raheem v. State (4×) also: Cited "see"
Ga. Ct. App. · 2015 · confidence medium
And here, Raheem has moved for an out-of-time direct appeal from his convictions, rather than pursuing a post-conviction collateral attack. 14 Lejeune, 296 Ga. at 291 (1); see also Hicks v. State, 281 Ga. 836, 837 ( 642 SE2d 31 ) (2007) (“With a few limited exceptions, a plea of guilty generally waives all defenses except that based on the knowing and voluntary nature of the plea.” (punctuation omitted)). 15 Foster v. State, 319 Ga. App. 815, 816 (2) ( 738 SE2d 651 ) (2013); accord Childs v. State, 311 Ga. App. 891, 891 (1) ( 717 SE2d 509 ) (2011); see also Boykin, 395 U. S. at 243 . 16 Ra…
cited Cited as authority (rule) Johnson v. State
Ga. Ct. App. · 2007 · confidence medium
Thompson v. State, 240 Ga. App. 539, 540 ( 524 SE2d 239 ) (1999). 4.
cited Cited as authority (rule) Lee v. State
Ga. Ct. App. · 2006 · confidence medium
Thompson v. State, 240 Ga. App. 539, 540 (4) ( 524 SE2d 239 ) (1999).
cited Cited as authority (rule) Skinitis v. State
Ga. Ct. App. · 2005 · confidence medium
Thompson v. State, 240 Ga. App. 539, 540 (2) ( 524 SE2d 239 ) (1999); Barber v. State, 231 Ga. App. 176 ( 498 SE2d 758 ) (1998).
discussed Cited as authority (rule) Stuart v. State
Ga. Ct. App. · 2004 · confidence medium
(C) The financial transaction card account number of a financial transaction card which he or she knows has not in fact been issued or is forged, altered, expired, revoked, or was obtained as a result of a fraudulent application in violation of subsection (d) of this Code section. 2 Smith v. State, 253 Ga. App. 504 ( 559 SE2d 537 ) (2002). 3 (Citations omitted.) Mickens v. State, 277 Ga. 627 -628 ( 593 SE2d 350 ) (2004). 4 There was evidence that a Stuart Body Shop existed and that a $50 payment was made on the Stuart Body Shop card. 5 OCGA § 16-2-20. 6 Thompson v. State, 240 Ga. App. 539, 54…
discussed Cited as authority (rule) Bowers v. State
Ga. Ct. App. · 2004 · confidence medium
Barnes and Mikell, JJ., concur. 1 Simpson v. State, 263 Ga. App. 467 ( 588 SE2d 291 ) (2003). 2 Grantham v. State, 267 Ga. 635 ( 481 SE2d 219 ) (1997). 3 Bess v. State, 235 Ga. App. 372, 374 (2) ( 508 SE2d 664 ) (1998). 4 Raley v. State, 241 Ga. App. 713, 714 (1) ( 527 SE2d 590 ) (2000). 5 OCGA § 16-8-41. 6 OCGA § 16-5-40. 7 OCGA § 16-11-106. 8 United States v. Jones, 143 F3d 1417, 1420 (11th Cir. 1998). 9 Thompson v. State, 240 Ga. App. 539, 540 (1) (b) ( 524 SE2d 239 ) (1999). 10 White v. State, 277 Ga. 647, 648 ( 594 SE2d 329 ) (2004). 11 Barnes v. State, 243 Ga. App. 703, 704 ( 534 SE2d…
cited Cited as authority (rule) Furcal-Peguero v. State
Ga. Ct. App. · 2002 · confidence medium
Thompson v. State, 240 Ga. App. 539, 540 (2) ( 524 SE2d 239 ) (2000).
discussed Cited "see" Paul Arthur Bowler v. State (2×)
Ga. Ct. App. · 2019 · signal: see · confidence high
See Thompson v. State, 240 Ga. App. 539, 540-541 (4) ( 524 SE2d 239 ) (1999) (“Subsection (B) of [USCR 33.8] states that before accepting a guilty plea the judge shall first inform the defendant on the record that by entering the plea he waives: the right to trial by jury; the presumption of innocence; the right to confront witnesses against oneself; the right to subpoena witnesses; the right to testify and to offer other evidence; the right to assistance of counsel during trial; and the right not to incriminate oneself.
discussed Cited "see" SMITH v. the STATE. (2×)
Ga. Ct. App. · 2019 · signal: see · confidence high
See Thompson v. State , 240 Ga. App. 539 , 540-541 (4), 524 S.E.2d 239 (1999) ("Subsection (B) of [USCR 33.8] states that before accepting a guilty plea the judge shall first inform the defendant on the record that by entering the plea [she] waives: the right to trial by jury; the presumption of innocence; the right to confront witnesses against oneself; the right to subpoena witnesses; the right to testify and to offer other evidence; the right to assistance of counsel during trial; and the right not to incriminate oneself.
examined Cited "see, e.g." Britt v. Smith (4×)
Ga. · 2001 · signal: see also · confidence medium
See also Thompson v. State, 240 Ga.App. 539, 540 (4), 524 S.E.2d 239 (1999), cert. denied, 240 Ga.App. 906 ; Stephens v. State, 235 Ga.App. 756 , 510 S.E.2d 575 (1998); Moore v. State, 225 Ga. App. 860 (1), 485 S.E.2d 552 (1997); Johns v. State, 223 Ga.App. 553, 554 (1), 479 S.E.2d 388 (1996). "`"[T]he question is not whether the trial court followed the letter of USCR 33.8 but whether the record, as a whole, affirmatively shows [the] plea was knowing and voluntary." (Cits.)' [Cit.]" Thompson v. State, supra at 541(4), 524 S.E.2d 239 .
discussed Cited "see, e.g." Umbehaum v. State (2×)
Ga. Ct. App. · 2001 · signal: see also · confidence medium
Norman, Irvan A. Pearlberg, Assistant District Attorneys, for appellee. 1 (Punctuation and footnotes omitted.) Smith v. State, 249 Ga. App. 666 ( 549 SE2d 487 ) (2001). 2 (Citation and punctuation omitted.) Mock v. State, 218 Ga. App. 514, 517 (2) ( 462 SE2d 429 ) (1995). 3 See Smith, supra at 666-667 (1), (2); Brown v. State, 226 Ga. App. 309, 310 ( 486 SE2d 429 ) (1997). 4 OCGA § 42-6-20. 5 Tutt v. State, 267 Ga. 49, 50 ( 472 SE2d 306 ) (1996); Mason v. Banks, 242 Ga. 292, 293 (2) ( 248 SE2d 664 ) (1978). 6 Tutt, supra; Addison v. State, 239 Ga. 622, 624 ( 238 SE2d 411 ) (1977). 7 Tutt, sup…
Retrieving the full opinion text from the archive…
Thompson
v.
the State
A99A2005.
Court of Appeals of Georgia.
Oct 27, 1999.
524 S.E.2d 239
1999 Ga. App. LEXIS 1399
Oscar Thompson, pro se., J. Gray Conger, District Attorney, Roger H. Anderson, Assistant District Attorney, for appellee.
Phipps, Johnson, McMurray.
Cited by 15 opinions  |  Published
Phipps, Judge.

After officers found weapons and cocaine in Thompson’s possession during a search following a traffic stop, he was indicted on nine charges. Following the trial court’s denial of his motion to suppress the evidence, in a negotiated plea agreement, he pled guilty to possession of cocaine and possession of a firearm by a convicted felon. He was sentenced to five years in prison for each offense. Although Thompson was represented by counsel below, he appeals pro se.

1. First, Thompson contends that the trial judge erred in accepting his guilty plea (a) without reading the indictment to him, (b) without ensuring that he understood the elements of the offenses to which he was pleading guilty, and (c) without eliciting from him a confession of guilt.

(a) The judge is required to read the indictment “[u]pon the arraignment of a person accused of committing a crime.” [1] In this case, Thompson initially pled not guilty and waived arraignment. A guilty plea hearing was held in lieu of a bench trial after Thompson opted to plead guilty. A reading of the indictment was not required at the guilty plea hearing.

(b) Nonetheless, Uniform Superior Court Rule (USCR) 33.8 (A) states that the judge shall not accept a plea of guilty from a defendant without first “ [determining on the record that the defendant understands the nature of the charge(s).”

[B]ut the law does not require the trial court to personally inform the accused of the elements of the crime to which he is pleading guilty. [Cit.] ..." ‘(I)t may be appropriate to presume that in most cases defense counsel routinely explain the nature of the offense in sufficient detail to give the[*540] accused notice of what he is being asked to admit.’ (Cit.) . . .” [Cits.] [2]

In Thompson’s signed guilty plea, he acknowledged that his attorney had explained the nature of the charges to him. The trial court was not required to explain the elements of the offenses, which were self-evident from their nomenclature.

(c) When questioned by the judge at the hearing, Thompson affirmed that, pursuant to a negotiated plea agreement, he was pleading guilty to possession of cocaine and possession of a firearm by a convicted felon. A factual basis for the plea was established, as required by USCR 33.9. In addition, Thompson stated in his written plea of guilty and waiver of trial by jury that he did in fact commit the offenses to which he was pleading guilty. A guilty plea is a confession of guilt.

2. Next Thompson contends that the court erred in denying his motion to suppress. This issue was waived by Thompson’s guilty plea. [3]

3. Alternatively, Thompson asserts that his guilty plea was coerced by the court’s erroneous denial of his motion to suppress.

A direct appeal from a judgment of conviction entered on a guilty plea lies only if the issues raised on appeal can be resolved by reference to facts in the record. [4] It does not appear from matters of record that the court’s denial of Thompson’s motion to suppress rendered his guilty plea involuntary. Based on the record of the guilty plea hearing, the State has carried its burden of showing that the guilty plea was voluntarily entered. [5]

4. Thompson challenges the validity of his guilty plea on the ground that the trial court did not fully comply with USCR 33.8 (B) and (C).

Subsection (B) of this rule states that before accepting a guilty plea the judge shall first inform the defendant on the record that by entering the plea he waives: the right to trial by jury; the presumption of innocence; the right to confront witnesses against oneself; the right to subpoena witnesses; the right to testify and to offer other evidence; the right to assistance of counsel during trial; and the right not to incriminate oneself. Subsection (C) requires that the defendant be informed on the record of the maximum possible sentence on the charge and that by pleading not guilty or remaining silent and not[*541] entering a plea, one obtains a jury trial. But “ ‘[t]he question is not whether the trial court followed the letter of USCR 33.8 but whether the record, as a whole, affirmatively shows [Thompson’s] plea was knowing and voluntary.’ [Cits.]” [6]

Decided October 27, 1999 Oscar Thompson, pro se. J. Gray Conger, District Attorney, Roger H. Anderson, Assistant District Attorney, for appellee.

The judge advised Thompson that by pleading guilty he would be waiving his rights to have a trial by jury, to present evidence, to confront the State’s witnesses, and to subpoena defense witnesses. The court also informed Thompson that at trial the State would have the burden of proving guilt. Although the court did not inform Thompson of the maximum possible sentence on the charges, Thompson stated in his written guilty plea that counsel had done so. The record shows that Thompson’s plea was voluntarily, knowingly and intelligently entered.

5. Finally, Thompson claims that he is entitled to discharge and acquittal because the State did not comply with his demand for speedy trial under OCGA § 17-7-170. Thompson filed his speedy trial demand during the June term of the Muscogee Superior Court, thereby requiring the State to try him during the August term. [7] During the August term, the guilty plea hearing was held in lieu of a bench trial. Under these circumstances, the guilty plea constituted a withdrawal of the speedy trial demand. [8] Thus Thompson was not entitled to discharge and acquittal.

Judgment affirmed.

Johnson, C. J., and McMurray, P. J., concur.
2

Mock v. State, 218 Ga. App. 514, 517 (2) (462 SE2d 429) (1995).

3

See Hooten v. State, 212 Ga. App. 770 (1) (442 SE2d 836) (1994), overruling the conditional plea procedures established in Mims v. State, 201 Ga. App. 277, 278 (1) (410 SE2d 824) (1991).

4

Echols v. State, 231 Ga. App. 501 (498 SE2d 66) (1998).

5

See, e.g., White v. State, 211 Ga. App. 779 (440 SE2d 527) (1994).

6

Stephens v. State, 235 Ga. App. 756, 758 (510 SE2d 575) (1998).

8

See generally Singleton v. State, 198 Ga. App. 539, 540 (402 SE2d 132) (1991); compare Ballew v. State, 211 Ga. App. 672 (440 SE2d 76) (1994), disapproved in Hooten v. State, supra at 774.