Foster v. State, 636 S.E.2d 759 (Ga. Ct. App. 2006). · Go Syfert
Foster v. State, 636 S.E.2d 759 (Ga. Ct. App. 2006). Cases Citing This Book View Copy Cite
22 citation events (22 in the last 25 years) across 2 distinct courts.
Strongest positive: Trapp v. State (gactapp, 2011-04-27)
Treatment trajectory · 2007 → 2026 · click a year to view as-of
2007 2016 2026
Top citers, strongest first. 8 distinct citers.
discussed Cited as authority (rule) Trapp v. State
Ga. Ct. App. · 2011 · confidence medium
Smith, P. J., and Dillard, J., concur. 1 See Maddox v. State, 278 Ga. 823, 826 (4) ( 607 SE2d 587 ) (2005) (After sentence has been pronounced, a guilty plea may be withdrawn only to correct a manifest injustice, such as, “if, for instance, a defendant is denied effective assistance of counsel, or the guilty plea was entered involuntarily or without an understanding of the nature of the charges.”) (citation and punctuation omitted). 2 (Punctuation and footnotes omitted.) Hubbard v. State, 301 Ga. App. 388 -389 ( 687 SE2d 589 ) (2009). 3 Bazemore v. State, 273 Ga. 160, 161 (1) ( 535 SE2d 76…
discussed Cited as authority (rule) Shuler v. State
Ga. Ct. App. · 2010 · confidence medium
J., and Phipps, P. J., concur. 1 See David v. State, 279 Ga. App. 582, 584 ( 631 SE2d 714 ) (2006). 2 See Maples v. State, 293 Ga. App. 232, 234 ( 666 SE2d 609 ) (2008). 3 Id. 4 Moore v. State, 225 Ga. App. 860 (1) ( 485 SE2d 552 ) (1997). 5 Id.; Stephens v. State, 235 Ga. App. 756, 758 ( 510 SE2d 575 ) (1998). 6 Stephens, supra. 7 See Patel v. State, 283 Ga. App. 181, 186 (4) ( 641 SE2d 184 ) (2007); Foster v. State, 281 Ga. App. 584, 586 (2) ( 636 SE2d 759 ) (2006). 8 See David, supra at 586 . 9 Maples, supra; Lee v. State, 277 Ga. App. 887, 890 (2) ( 627 SE2d 901 ) (2006). 10 See Taylor v. …
cited Cited as authority (rule) Rogers v. State
Ga. Ct. App. · 2009 · confidence medium
See, e.g., Leary v. State, 291 Ga. App. 754, 754-755 (1) ( 662 SE2d 733 ) (2008); Foster v. State, 281 Ga. App. 584, 584-585 (1) ( 636 SE2d 759 ) (2006).
discussed Cited as authority (rule) Leary v. State
Ga. Ct. App. · 2008 · confidence medium
Andrews and Bernes, JJ., concur. 1 As part of a negotiated plea, the trial court issued an order of nolle prosequi for two counts of aggravated assault and one count of criminal damage to property. 2 See Bielen v. State, 265 Ga. App. 865, 866 (1) ( 595 SE2d 543 ) (2004); Robertson v. State, 287 Ga. App. 271, 272 (2) ( 651 SE2d 198 ) (2007). 3 Arnold v. State, 278 Ga. App. 188, 189 (2) (a) ( 628 SE2d 605 ) (2006). 4 See LaFette v. State, 285 Ga. App. 516, 518 (2) (b) ( 646 SE2d 725 ) (2007); Foster v. State, 281 Ga. App. 584, 584-585 (1) ( 636 SE2d 759 ) (2006). 5 See Hildreth v. State, 256 Ga.…
discussed Cited as authority (rule) Robertson v. State
Ga. Ct. App. · 2007 · confidence medium
See Bodiford v. State, 238 Ga. App. 531, 531-532 ( 517 SE2d 356 ) (1999). 2 See Denova v. State, 268 Ga. App. 16 ( 601 SE2d 400 ) (2004). 3 (Punctuation omitted.) Sanders v. State, 282 Ga. App. 834, 837 (3) (a) ( 640 SE2d 353 ) (2006). 4 See id. at 837-838 . 5 See Gray v. State, 273 Ga. App. 441 (1) (a) ( 615 SE2d 248 ) (2005). 6 See Davis v. State, 286 Ga. App. 80 (1) ( 648 SE2d 670 ) (2007). 7 See Swantner v. State, 244 Ga. App. 372, 373 (1) ( 535 SE2d 343 ) (2000); Foster v. State, 281 Ga. App. 584, 584-585 (1) ( 636 SE2d 759 ) (2006). 8 (Citations and punctuation omitted.) Swantner, supra.…
discussed Cited "see" Skinner v. State (2×)
Ga. Ct. App. · 2009 · signal: accord · confidence high
Accord Collier v. State, 281 Ga. App. 646, 647 ( 637 SE2d 72 ) (2006). 8 See Lawton v. State, 285 Ga. App. 45, 47 ( 645 SE2d 571 ) (2007). 9 See generally Johnson v. State, 275 Ga. 538, 540 (2) ( 570 SE2d 289 ) (2002). 10 See Foster v. State, 281 Ga. App. 584, 585-586 (2) ( 636 SE2d 759 ) (2006). 11 (Citations and footnotes omitted.) Duque v. State, 271 Ga. App. 154 (1) ( 608 SE2d 738 ) (2004). 12 (Punctuation and footnote omitted.) Henry v. State, 284 Ga. App. 439, 440 (2) ( 644 SE2d 191 ) (2007). 13 See Duque, supra. 14 See generally Cameron v. State, 295 Ga. App. 670, 673 (3) (a) ( 673 SE2d…
discussed Cited "see" McINTOSH v. State (2×)
Ga. Ct. App. · 2007 · signal: accord · confidence high
Accord Foster v. State, 281 Ga. App. 584 (1) ( 636 SE2d 759 ) (2006). 8 (Punctuation and footnote omitted.) Wright, supra. 9 See OCGA§ 17-10-2 (a) (1); Ga. L. 2005, Act 8, § 11. 10 Gilbert, supra.
discussed Cited "see, e.g." Walden v. State (2×)
Ga. · 2012 · signal: see also · confidence low
See also Foster v. State, 281 Ga. App. 584 (1) ( 636 SE2d 759 ) (2006) (after sentencing, “withdrawal of a guilty plea is allowed only to correct a manifest injustice”).
Foster
v.
the State
A06A1083.
Court of Appeals of Georgia.
Sep 18, 2006.
636 S.E.2d 759
Willie L. Foster, pro se., Spencer Lawton, Jr., District Attorney, Nancy GreyR. Brimberry, Assistant District Attorney, for appellee.
Barnes, Andrews, Bernes.
Cited by 11 opinions  |  Published
Barnes, Judge.

Willie Leonard Foster, pro se, appeals from the trial court’s order denying his motion to withdraw a guilty plea. Foster was charged with rape and two counts of battery, and pled not guilty. A jury trial was scheduled, but on the trial date, instead of proceeding with the trial, Foster pled guilty to aggravated assault and two battery counts as part of a negotiated plea. The trial court sentenced Foster to ten years, to serve three in prison. Foster later filed a timely motion to withdraw his guilty plea, but after a hearing, the trial court denied the motion. Foster contends that the trial court erred in denying his motion because the facts fail as a matter of law to establish that he committed aggravated assault or battery under OCGA§ 16-5-21, and because his trial counsel provided ineffective assistance. For the following reasons, we conclude that there was no error and affirm the trial court’s decision.

1. In two related enumerations, Foster contends that the trial court erred in denying his motion to withdraw his guilty plea because the factual basis was insufficient to support his plea. We do not agree.

“After sentence is pronounced, withdrawal of a guilty plea is allowed only to correct a manifest injustice, and the trial court’s refusal to allow withdrawal will not be disturbed on appeal absent a manifest abuse of discretion.” Johanson v. State, 260 Ga. App. 181 (1) (581 SE2d 564) (2003). [1] “[Uniform Superior Court Rule (USCR)] 33.9 requires the trial court to make such inquiry on the record as may satisfy him that there is a factual basis for the plea.” (Punctuation omitted.) State v. Evans, 265 Ga. 332, 334 (2) (454 SE2d 468) (1995). A trial court may glean the factual basis for a plea from facts put on the record at the guilty plea hearing, or the court may learn the factual basis from parts of the record outside the plea hearing so long as the court makes clear on the plea hearing record that it is relying on those other parts of the record and so long as those parts are included in the record for appeal. Id. at 334-335 (2).

At Foster’s plea hearing, the assistant district attorney stated that if the case proceeded to trial, he expected the evidence to show that Foster approached the victim, a former girlfriend, asked her for a ride, then forced her into his brother’s residence. He kept her there against her will, had sex with her several times, and hit her repeatedly. The girl’s parents reported her missing when she did not come[*585] home, and police later discovered her at Foster’s brother’s home. Foster’s counsel concurred that this was his understanding of the facts which the State would present.

The facts of the case as narrated by the prosecutor presented a sufficient factual basis for Foster’s plea. Whitesides v. State, 266 Ga. App. 181, 187 (3) (596 SE2d 706) (2004). See also Harpe v. State, 254 Ga. App. 458, 460 (3) (562 SE2d 521) (2002) (prosecutor’s summary of indictments against defendant provided ample information from which trial court could determine existence of factual basis for plea).

Moreover, the record reflects that the trial court informed Foster of the consequences of his pleas, his waiver of certain constitutional and statutory rights, and the minimum and maximum possible sentences for the crimes with which he was charged. The trial court inquired into the voluntariness of the plea, as requiredby USCR 33.7, and Foster stated that he entered his guilty plea freely and voluntarily, and that he was in fact guilty. The record in this case thus shows that the trial court established on the record a factual basis for Foster’s plea, and that he knowingly and willingly pled guilty to these charges. We therefore find no manifest abuse of discretion by the trial court in denying Foster’s motion to withdraw his guilty plea.

2. Foster also contends that his trial counsel was ineffective.

The analysis of counsel’s performance is similar whether in the context of a trial or a guilty plea. The prejudice component in the context of a guilty plea, however, is met by showing that there is a reasonable probability that, but for counsel’s errors, he would not have pleaded guilty and would have insisted on going to trial.

(Punctuation omitted.) Hopkins v. State, 274 Ga. App. 872 (619 SE2d 368) (2005). See also Zellmer v. State, 273 Ga. App. 609 (1) (615 SE2d 654) (2005).

Foster alleges that his trial counsel (a) failed to conduct an adequate pretrial investigation in that counsel did not interview possible defense witnesses; (b) misled him into a guilty plea; (c) failed to inform him of important developments in his case; (d) did not provide the trial court with Foster’s medical record; (e) failed to question the detective or the victim; (f) failed to inform Foster that he had a legal defense to the charge of aggravated assault; and (g) failed to inform him that he had a right to appeal his case. Foster argues that but for these mistakes by his counsel, he would not have pled guilty.

The record reflects that at the plea hearing Foster asked the trial court for additional time to confer with his counsel. The trial court granted this request, and Foster then stated to the trial court that he[*586] had sufficient time to discuss everything he needed to discuss with his attorney. At the hearing on his motion to withdraw his plea, Foster confirmed that he told the trial court at his plea hearing that he had sufficient time to discuss his case with his attorney. Foster also stated at the hearing on his motion to withdraw his plea that he met with his attorney three times before the plea hearing.

Decided September 18, 2006. Willie L. Foster, pro se. Spencer Lawton, Jr., District Attorney, Nancy GreyR. Brimberry, Assistant District Attorney, for appellee.

Although Foster now contends that he wanted his trial counsel to interview additional witnesses, conduct a more thorough investigation, present his medical record, and discuss further developments, defenses, and his right to appeal, Foster does not present any evidence to support his claims that his counsel did not conduct an adequate investigation of the case, or that if his counsel took the above actions, he would have insisted on going to trial. As Foster’s guilty plea was knowing and voluntary, any claims that counsel was ineffective in the course of obtaining or contesting that plea are without merit. Thompson v. State, 208 Ga. App. 825 (432 SE2d 250) (1993).

As to his other claims regarding ineffective assistance, Foster’s testimony at the hearing on his motion to withdraw his plea

simply presented a matter of witness credibility, which was for the trial court to decide. As the final arbiter of the facts, the trial court was authorized to reject [Foster’s] self-serving testimony during the hearing on the motion to withdraw the plea and find that he entered it knowingly and voluntarily.

(Citation and punctuation omitted.) Carter v. State, 272 Ga. App. 158, 161 (2) (611 SE2d 790) (2005).

The record in this case supports the trial court’s finding that Foster gave his guilty plea freely and voluntarily, and with adequate representation of counsel. We find no merit in Foster’s claim that the trial court erred in denying his motion to withdraw his guilty plea on account of ineffective assistance of counsel.

Judgment affirmed.

Andrews, P. J., and Bernes, J., concur.
1

See also USCR 33.12 (B) (“In the absence of a showing that withdrawal is necessary to correct a manifest injustice, a defendant may not withdraw a plea of guilty or nolo contendere as a matter of right once sentence has been pronounced by the judge”).