Reconsiderations denied December 15, 2014 -- Cert. applied for.
Plea bargain. DeKalb Superior Court. Before Judge Becker.
Alston & Bird, Bernard Taylor, Michael L. Brown, Kacy M. Brake, Angela Adams, for appellant.
Robert D. James, Jr., District Attorney, Leonora Grant, Kellie S. Hill, Assistant District Attorneys, for appellee.
RAY, Judge. Andrews, P. J., and McFadden, J., concur.
Crawford Lewis, Patricia Reid, and Anthony Pope were indicted and charged with violating Georgia's Racketeer Influenced and Corrupt Organizations (RICO) Act (OCGA § 16-14-4) and felony theft by taking (OCGA § 16-8-2). As part of a negotiated plea agreement, the State agreed to dismiss the RICO and related theft charges against Lewis in exchange for his guilty plea to one misdemeanor count of [330 Ga.App. 413] hindering and obstructing a law enforcement officer (OCGA § 16-10-24 (a)), conditioned upon Lewis testifying truthfully at the trial against his co-defendants. Lewis entered his negotiated plea with the understanding that the State would be recommending a sentence of 12 months probation, a $500 fine, and 240 hours of community service if he satisfied his obligation to testify truthfully against his co-defendants. The trial court accepted his plea and deferred sentencing until the end of trial. Lewis subsequently testified at trial, and his
co-defendants were ultimately convicted. The sole issue presented in this appeal is whether the trial court erred when it imposed a sentence upon Lewis which differed from the understood terms of the negotiated plea. For the reasons that follow, we vacate the sentence and remand the case with direction.
Instead of sentencing Lewis to 12 months probation pursuant to the State's recommendation, the trial court sentenced Lewis to 12 months in confinement. In so doing, the trial court took the position that Lewis' plea was not a negotiated plea. However, the record shows that the parties had a plea discussion with the trial judge in chambers prior to Lewis' plea and that the trial judge " went along" with the State's recommendation at the time of the plea. Although this discussion was not transcribed, it appears from the colloquy at the time of the plea that the State had made a sentence recommendation and that the trial court had agreed to sentence Lewis in conformity therewith, provided that Lewis later testified truthfully at the trial of his co-defendants. Accordingly, we find that Lewis' plea was negotiated and that the trial court had accepted the plea under the terms understood by the parties.
1. In what appears to be a matter of first impression for Georgia's appellate courts, we are called upon to determine whether Lewis, after relying on the plea agreement to his detriment, has a right to force the trial court to adhere to the terms of the negotiated plea that it had earlier accepted.
In Santobello v. New York, 404 U.S. 257 (92 S.Ct. 495, 30 L.Ed.2d 427) (1971), the United States Supreme Court acknowledged that plea bargaining is not only desirable, but also that it is essential to the orderly disposition of criminal proceedings. Id. at 260-261. However, plea bargaining is only acceptable when the method of securing the agreement is fair. Id. at 261. In Santobello, the prosecutor promised the defendant that in return for a guilty plea that the prosecutor would not make a recommendation as to the sentence to be imposed. Id. at 258. A subsequent prosecutor assigned to the case failed to keep this promise, id. at 259, and the Court held that " when a plea rests in any significant degree on a promise or agreement of the prosecutor, so [330 Ga.App. 414] that it can be said to be part of the inducement or consideration, such promise must be fulfilled." Id. at 262.
Here, it was the trial judge, not the prosecutor, who allegedly did not adhere to the understood terms of the negotiated plea. However, we find that the rationale set forth in Santobello should still apply in this case. When a trial judge accepts a negotiated plea and the defendant later relies on the terms of the plea agreement to his detriment by waiving certain constitutional rights that cannot be recovered, the failure of the trial judge to adhere to the terms of the negotiated plea would likely offend the integrity and reputation of the criminal justice ...