Green v. State, 454 S.E.2d 466 (Ga. 1995). · Go Syfert
Green v. State, 454 S.E.2d 466 (Ga. 1995). Cases Citing This Book View Copy Cite
“e find that the indictment provided ample information from which the trial court could discern that the facts alleged by the state actually satisfied the 585 elements of the charges to which green was pleading guilty.”
94 citation events (36 in the last 25 years) across 2 distinct courts.
Strongest positive: Mims v. State (ga, 2016-06-06)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 19 distinct citers.
examined Cited as authority (quoted) Mims v. State (2×) also: Cited as authority (rule)
Ga. · 2016 · quote attribution · 1 verbatim quote · confidence low
e find that the indictment provided ample information from which the trial court could discern that the facts alleged by the state actually satisfied the 585 elements of the charges to which green was pleading guilty.
discussed Cited as authority (rule) Green v. State (2×)
Ga. · 2024 · confidence medium
See also McDaniel v. State, 271 Ga. 552, 554 (2) ( 522 SE2d 648 ) (1999); Cazanas v. State, 270 Ga. 130, 134-135 ( 508 SE2d 412 ) (1998) (Sears, J., concur- ring); Green v. State, 265 Ga. 263, 263 (1) ( 454 SE2d 466 ) (1995); Price v. State, 259 Ga. 834, 835 ( 388 SE2d 857 ) (1990). 45 2.
discussed Cited as authority (rule) McGraw Colby Giddens v. State
Ga. Ct. App. · 2019 · confidence medium
Adams v. State, 285 Ga. 744, 748 (4) (b) ( 683 SE2d 586 ) (2009) (“We have recognized that an indictment alone may contain enough information to establish that the facts alleged by the State ‘actually satisfied the elements of the charges to which a defendant was pleading guilty.’”) (citation omitted); Green v. State, 265 Ga. 263, 265 (2) ( 454 SE2d 466 ) (1995) (finding “that the indictment provided ample information from which the trial court could discern the facts alleged by the state actually satisfied the elements of the charges to which [defendant] was pleading guilty”); see…
discussed Cited as authority (rule) Stacey D. Williams, Jr. v. State
Ga. Ct. App. · 2016 · confidence medium
As such, they were not subject to a continuing witness objection.”). 15 See McKenzie v. State, 300 Ga. App. 469, 473 (3) ( 685 SE2d 333 ) (2009) (“[E]ven if a violation [of the continuing witness rule] did occur in this case, . . . [g] iven the facts that the evidence contained in the summaries was also brought out during the trial and the evidence of guilt was overwhelming, it is highly probable that... the jury’s view of [the] ... exhibits did not contribute to the verdict.”) (footnote omitted); Fosselman v. State, 306 Ga. App. 84, 86-87 (2) (a) ( 701 SE2d 559 ) (2010) (even if trial…
cited Cited as authority (rule) Beaver v. State
Ga. Ct. App. · 2011 · confidence medium
Green v. State, 265 Ga. 263, 265 (2) ( 454 SE2d 466 ) (1995).
discussed Cited as authority (rule) Adams v. State
Ga. · 2009 · confidence medium
We have recognized that an indictment alone may contain enough information to establish that the facts alleged by the State “actually satisfied the elements of the charges to which [a defendant] was pleading guilty.” Green v. State, 265 Ga. 263, 265 (2) ( 454 SE2d 466 ) (1995).
discussed Cited as authority (rule) Henry v. State
Ga. Ct. App. · 2007 · confidence medium
Johnson, P. J., and Phipps, J., concur. 1 400 U. S. 25 (91 SC 160, 27 LE2d 162) (1970). 2 (Footnote omitted.) Duque v. State, 271 Ga. App. 154 (1) ( 608 SE2d 738 ) (2004). 3 (Citations and punctuation omitted.) Jordan v. State, 214 Ga. App. 346 ( 447 SE2d 341 ) (1994). 4 Green v. State, 265 Ga. 263, 265 (2) ( 454 SE2d 466 ) (1995). 5 See Schlau v. State, 282 Ga. App. 460, 461 (1) ( 638 SE2d 895 ) (2006); Zellmer v. State, 257 Ga. App. 346, 347 (1) ( 571 SE2d 174 ) (2002); Swan v. State, 251 Ga. App. 80, 81 (3) ( 553 SE2d 383 ) (2001). 6 Zellmer, supra; Swan, supra. 7 (Punctuation and footnote …
discussed Cited as authority (rule) Shabazz v. State
Ga. Ct. App. · 2003 · confidence medium
Compare also State v. Evans, 265 Ga. 332 ( 454 SE2d 468 ) (1995) (USCR 33.9 permits a trial court to learn the factual basis from material contained in other parts of the record so long as the trial court makes clear on the plea hearing record that he is relying on those parts of the record; the record of the guilty plea hearing would thus show the trial court’s awareness of the factual basis of the plea). 6 See, e.g., Gomillion v. State, 236 Ga. App. 14, 18 (3) (d) ( 512 SE2d 640 ) (1999). 7 Green v. State, 265 Ga. 263, 264 (2) ( 454 SE2d 466 ) (1995). 8 Id. at 265 . 9 (Citations and punctu…
discussed Cited as authority (rule) Harpe v. State
Ga. Ct. App. · 2002 · confidence medium
The prosecutor’s summary of the indictments against the defendant “provided ample information from which the trial court could discern that the facts alleged by the [S]tate actually satisfied the elements of the charges to which [the defendant] was pleading guilty.” Green v. State, 265 Ga. 263, 265 (2) ( 454 SE2d 466 ) (1995).
discussed Cited as authority (rule) Swantner v. State
Ga. Ct. App. · 2000 · confidence medium
The Supreme Court of Georgia has held that “the record of the plea hearing must reveal the factual basis relied on so that a reviewing court may determine whether an abuse of discretion occurred. [Cit.]” Green v. State, 265 Ga. 263, 264 (2) ( 454 SE2d 466 ) (1995).
examined Cited as authority (rule) King v. State (5×) also: Cited "see"
Ga. · 1998 · confidence medium
Green v. State, 265 Ga. 263, 264 ( 454 SE2d 466 ) (1995); see also King, 226 Ga. App. at 582 (“standing alone, the valid and probing pre-printed plea petition is not sufficient to elicit a sufficient factual basis for a guilty plea to any particular charge”).
discussed Cited as authority (rule) Towns v. State
Ga. Ct. App. · 1997 · confidence medium
State v. Evans, 265 Ga. 332, 333-335 ( 454 SE2d 468 ) (1995). “[T]he record of the plea hearing must reveal the factual basis relied on so that a reviewing court may determine whether an abuse of discretion occurred.” Green v. State, 265 Ga. 263, 264 ( 454 SE2d 466 ) (1995).
discussed Cited "see" Bullard v. Thomas (2×)
Ga. · 2009 · signal: see · confidence high
See Green v. State, 265 Ga. 263 (1) ( 454 SE2d 466 ) (1995).
discussed Cited "see" Brown v. State (2×)
Ga. Ct. App. · 2003 · signal: see · confidence high
Blackburn, P. J, and Ellington, J., concur. 1 State v. Evans, 265 Ga. 332, 334 (2) ( 454 SE2d 468 ) (1995); see Green v. State, 265 Ga. 263, 264 (2) ( 454 SE2d 466 ) (1995). 2 Evans, supra. 3 At the sentencing hearing, however, the assistant district attorney stated that Brown was seen “at the scene between 3:30 and 4:00 o’clock in the morning.
examined Cited "see" Ellis v. State (4×)
Ga. Ct. App. · 2000 · signal: accord · confidence high
J., and McMurray, Senior Appellate Judge, concur. 1 400 U. S. 25 (91 SC 160, 27 LE2d 162) (1970). 2 See Minchey v. State, 155 Ga. App. 632, 633 (1) ( 271 SE2d 885 ) (1980). 3 Freeman v. State, 211 Ga. App. 716, 717 (1) ( 440 SE2d 490 ) (1994); accord Alford, supra, 400 U. S. at 38, n. 10 . 4 Green v. State, 265 Ga. 263, 265 (2) ( 454 SE2d 466 ) (1995). 5 See Brower v. State, 230 Ga. App. 125, 126 (1) ( 495 SE2d 600 ) (1998). 6 Alford, supra, 400 U. S. at 31 . 7 See Green, supra, 265 Ga. at 263 (where voluntariness of guilty plea is challenged, there must be a record of guilty plea hearing adeq…
discussed Cited "see" Martin v. State (2×)
Ga. · 1997 · signal: see · confidence high
See Green v. State, 265 Ga. 263 (1) ( 454 SE2d 466 ) (1995).
discussed Cited "see" King v. State (2×)
Ga. Ct. App. · 1997 · signal: see · confidence high
See Green v. State, 265 Ga. 263, 264 (2) ( 454 SE2d 466 ).
examined Cited "see" McCants v. State (3×) also: Cited "see, e.g."
Ga. Ct. App. · 1996 · signal: see · confidence high
See *79 Green v. State, 265 Ga. 263 (1) ( 454 SE2d 466 ) (1995).
discussed Cited "see, e.g." Parker v. Rollins (2×)
Ga. · 1995 · signal: see also · confidence low
See State v. Evans, 265 Ga. 332 ( 454 SE2d 468 ) (1995); see also Green v. State, 265 Ga. 263 ( 454 SE2d 466 ) (1995).
Green
v.
the State
S94G1295.
Supreme Court of Georgia.
Mar 6, 1995.
454 S.E.2d 466
Michael M. White, for appellant., Lindsay A. Tise, Jr., District Attorney, John H. Bailey, Jr., Kathleen R. Johnson, Assistant District Attorneys, for appellee.
Sears.
Cited by 39 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 67%
Citer courts: Supreme Court of Georgia (1)
Sears, Justice.

Ray Green pled guilty to charges of arson and secreting property to defraud another. The trial court denied Green’s motion, filed after sentencing, to withdraw his plea. Green appealed, contending that it was error for the trial court to refuse to set aside his guilty plea because it was not entered voluntarily and because no factual basis for the plea was established on the record. The Court of Appeals affirmed, Green v. State, 213 Ga. App. 134 (444 SE2d 573) (1994), and we granted Green’s petition for certiorari.

1. Where voluntariness of a guilty plea is challenged, there must be

a record of the guilty plea hearing adequate for the reviewing court to determine whether (1) the defendant has freely and voluntarily entered the plea with (2) an understanding of the nature of the charges against him and (3) an understanding of the consequences of his plea.

Goodman v. Davis, 249 Ga. 11, 13 (287 SE2d 26) (1982) (interpreting Boykin v. Alabama, 395 U. S. 238 (89 SC 1709, 23 LE2d 274) (1969)). In this case, the transcript of the plea hearing reveals that the trial court read aloud the indictment which described the offenses with which Green was charged, enumerated and explained in detail the rights which Green would be giving up if he pled guilty and the other consequences of such a plea, and carefully inquired into whether Green understood the consequences set forth. Green consistently declared that he wished to plead guilty to the charges, although he did not in fact commit the unlawful acts. The trial court accepted the plea under the provisions of North Carolina v. Alford, 400 U. S. 25 (91 SC 160, 27 LE2d 162) (1970) (“An individual accused of crime may voluntarily, knowingly, and understanding^ consent to the imposition of a prison sentence even if he is unwilling or unable to admit his participation in the acts constituting the crime.” Id. at 37.) [1][*264] We hold that the trial court adequately resolved on the record that Green entered his pleas voluntarily and with an understanding of the nature of the charges and the consequences of the pleas.

2. Green also contends that his plea should have been set aside because no factual basis for the plea was established on the record, as required by Uniform Superior Court Rule (USCR) 33.9. We recently considered USCR 33.9 and held (1) that the rule is mandatory as opposed to permissive, (2) that the purpose of the rule is to insure that the conduct to which an individual admits actually constitutes the crime to which the individual pleads guilty, and (3) that this purpose may be achieved through a determination by the trial court that a factual basis exists, but that the record of the plea hearing must reveal the factual basis relied on so that a reviewing court may determine whether an abuse of discretion occurred. State v. Evans, 265 Ga. 332 (454 SE2d 468) (1995).

In this case, the Court of Appeals found that a sufficient factual basis for the plea was established because

[a] valid and probing plea petition was filed by Green prior to the plea hearing, and the hearing itself confirmed that Green was well aware of the evidence against him when he entered the plea. Indeed, the court confirmed that Green understood that an Alford plea was only appropriate when the evidence indicates guilt, and the court initially accepted his plea on that basis. Subsequently a trial was held at which Green apparently was called as a State’s witness against a co-defendant. Only then was Green sentenced.

Green, 213 Ga. App. at 136-137. We find that neither the “valid and probing plea petition” nor Green’s testimony against his co-defendant provided a sufficient factual basis for the plea. Not only did the trial court not state at the plea hearing that it was relying for a factual basis on the plea petition, see Evans, 265 Ga. at 334, but the plea petition in this case is merely a preprinted form with a list of standard questions in answer to which Green checked “yes” or “no,” and contains no facts whatsoever relative to the charges. Furthermore, the trial court could not have relied on Green’s testimony at his co-defendant’s trial, as that took place after the trial court had accepted Green’s plea.

However, we affirm the Court of Appeals’ decision based on the transcript of the plea hearing itself. Green was charged with arson in the first degree (OCGA § 16-7-60) and secreting property to defraud[*265] another (OCGA § 16-9-53). At the plea hearing, the trial court read from the indictment as follows:

Decided March 6, 1995 Reconsideration denied March 30, 1995. Michael M. White, for appellant. Lindsay A. Tise, Jr., District Attorney, John H. Bailey, Jr., Kathleen R. Johnson, Assistant District Attorneys, for appellee.
Mr. Green, in Count I you’re charged that on the 22nd day of December, 1991, you did unlawfully and knowingly damage by means of fire or explosives the dwelling house of Ray F. Green located at 1077 Allen Farm Road, Lavonia, Georgia, in which Chrysler First Financial Services Corporation, Atlanta, Georgia, had a mortgage without consent of said mort-gageholder and said dwelling was occupied contrary to the laws of said State, the good order, peace and dignity thereof. In Count II, you’re charged on the same day in Franklin County, you did then and there unlawfully, knowingly and with intent to defraud Farmers Furniture Store, Lavonia, secrete (sic) property, to wit: household furniture and furnishings by concealing said property and stating same was destroyed by fire, contrary to the laws of said State, the good order, peace and dignity thereof. Is that what you wish to enter a plea of guilty to?

Green responded “Yes, it is.” After considering the relevant statutes, see §§ 16-7-60 and 16-9-53, we find that the indictment provided ample information from which the trial court could discern that the facts alleged by the state actually satisfied the elements of the charges to which Green was pleading guilty.

Judgment affirmed.

All the Justices concur.
1

At the sentencing hearing, held four days after the plea hearing, the prosecutor stated to the trial court that while the plea was initially accepted as an Alford plea, “ ‘[t]his is a straight-up plea. Alford does not apply in this case and that’s been discussed between the Court and defense counsel and Mr. Green.’” Green, 213 Ga. App. at 136. However, “[n]o response was elicited or received from [Green] and no further discussion took place on the[*264] record.” Id. This unilateral statement by the prosecutor was insufficient to alter the nature of the plea as it was accepted by the trial court at the plea hearing.