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Hudson v. State

The record belied the defendant's contentions that the trial court sentenced him on a malice murder conviction to life without parole in the absence of a finding of aggravating circumstances and that his guilty plea was neither knowing nor voluntary because he was not informed of his right against self-incrimination.

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The record shows that, on May 1, 1995, a Clarke County grand jury indicted Christopher Hudson for malice murder, felony murder, and armed robbery. As evidenced by Hudson’s videotaped admission and surveillance footage, on March 11, 1994, Hudson murdered John Thomas Swartz by repeatedly stabbing him with a screwdriver. At the time, Hudson was committing an armed robbery of the Big A Bottle Shop in Athens, Georgia. On May 1, 1995, after fully confessing to the crimes, Hudson entered a guilty plea to malice murder and armed robbery. The count of felony murder was nolle prossed, and the State agreed not to seek the death penalty. Hudson was sentenced to life without parole for malice murder and a concurrent term of life imprisonment for armed robbery. On May 4, 2015, Hudson filed an untimely motion to withdraw his guilty plea and moved for an out of time appeal, which was denied on May 20, 2015. Hudson now appeals this ruling. We affirm.

1. Hudson contends that his sentence for malice murder was void because the trial court sentenced him to life without parole in the absence of a finding of aggravating circumstances. This contention is false.

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