Clark v. State

Following his guilty plea to failing to register as a sex offender, Steven Clark moved to withdraw his plea, claiming that he was unaware at the time of the plea that one of conditions of his probated sentence was a prohibition against his living with his minor daughter. Clark now appeals the trial court’s denial of that motion, arguing that his lack of knowledge on this matter showed that his plea was not entered voluntarily and knowingly. Because the special condition of probation was a collateral consequence of Clark’s plea, we hold that the trial court did not abuse its discretion in denying his motion to withdraw his plea, and we therefore affirm. The State indicted Clark, who was previously convicted of aggravated child molestation and sexual battery against a minor, for failing to register as a sex offender in violation of OCGA § 42-1-12 n. Represented by counsel, Clark decided to plead guilty and completed the form for doing so, in which Clark stated among other things that he understood i the potential consequences of entering the plea, ii the potential sentences for the crime, and iii that he was giving up certain listed constitutional rights by entering the plea. Clark’s counsel executed an affidavit stating that he had reviewed with Clark the legal effect the guilty plea would have on Clark, and had discussed with Clark the possible penalties for the charged crime.

At the guilty-plea hearing, the court confirmed all these matters with Clark and then with his counsel. After hearing the factual basis for the plea and Clark’s acknowledgment that the facts were substantially accurate, the court accepted Clark’s guilty plea and entered a sentence in accordance with that negotiated by Clark. The court sentenced Clark to serve a term of ten years with the first two years in a probation center to be followed by the balance on probation. The court informed Clark that in addition to community service and to paying a fine and certain fees, he was to comply with all the terms and conditions of probation that would be explained to him by the probation supervisor.