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McKeever v. State

Court of Appeals of Georgia, Fifth Division

November 15, 2019

McKEEVER
v.
THE STATE.

         

          Cert. applied for. Guilty plea. Bibb Superior Court. Before Judge Colvin.

         COUNSEL:

          Alfonza McKeever, Jr., pro se .

          K. David Cooke, Jr., District Attorney, Cara R. Fiore, Assistant District Attorney, for appellee.

          Judges: MCFADDEN, Chief Judge. McMillian, P.J., and Senior Appellate Judge Herbert E. Phipps concur.

         OPINION

Page 632

          McFadden, Chief Judge.

          Alfonza McKeever, Jr., acting pro se, brings this timely direct appeal from the trial court's judgment of conviction following McKeever's entry of an Alford plea. See North Carolina v. Alford, 400 U.S. 25 (91 S.Ct. 160, 27 L.Ed.2d 162) (1970). McKeever's appellate briefing is severely deficient, but as best we can discern, pursuant to our obligations under Felix v. State, 271 Ga. 534 (523 S.E.2d 1) (1999),[1] McKeever's claims of error fall into three general categories. His challenge to the voluntariness of his guilty plea cannot be resolved on the record. His challenge to the trial court's jurisdiction over him has no merit. And he waived appellate review

Page 633

over his various other claims of trial court error by virtue of his guilty plea. So we affirm.

          1. Facts and procedural posture.

          On November 13, 2018, McKeever was indicted for, among other things, violating the Racketeer Influenced and Corrupt Organizations Act ("RICO"), OCGA � 16-14-4 (c), predicated on allegations that he engaged in acts of insurance fraud, theft by deception, and identity fraud that involved making false claims about car accidents. This was a reindictment following the state's dismissal of a 2017 indictment of McKeever for the same offenses under a different case number, and during the course of the proceedings under the earlier indictment the trial court had granted McKeever's request to represent himself.

          The trial court made a number of pre-trial rulings, including denying McKeever's request to continue a January 14, 2019 trial date.[2] On the day of trial, McKeever again asked for a continuance,[353 Ga.App. 265] arguing that he was not prepared to proceed, and the trial court again denied the request, informing McKeever that he could either proceed to trial or enter a guilty plea. After engaging in a plea ...


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