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Williams v. State

The trial court properly denied the defendant's untimely motions to modify sentence, for withdrawal of his guilty plea and for the appointment of counsel.

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Alfred Williams pled guilty to armed robbery and was sentenced to twenty years, to serve fifteen of those years in confinement. Acting pro se, Williams appeals the orders of the Superior Court of Coffee County denying his joint motion to modify sentence, for out-of-time withdrawal of his guilty plea, and for the appointment of counsel. Finding no error, we affirm the orders.

A review of the record shows that following his indictment on one count of armed robbery, Williams, while represented by an assistant public defender, entered into a negotiated plea agreement in July 2008. At the hearing in which Williams entered his plea, his attorney announced that “the plea offer is twenty, serve fifteen,” and that Williams is “fine with the plea offer and he wants to go ahead and plea.” After hearing the factual basis for the charge and examining Williams extensively about such matters as his understanding of his rights, the negotiated sentence, and the voluntariness of the plea, the court sentenced Williams to twenty years, to serve fifteen years in confinement, with the remainder of the sentence to be served on probation. The court then asked Williams whether, having heard the sentence, he wanted to withdraw the guilty plea. Williams replied that he did not. When the court asked if he was sure, Williams replied that he was “positive.”

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