Pierce v. State
Annotate this CaseDefendant plead guilty to two counts of malice murder, one count of aggravated assault, and one count of possession of a firearm by a convicted felon. On appeal, defendant contended, inter alia, that the trial court failed to appoint counsel to prosecute the motions for out-of-time appeal and to vacate a void and illegal sentence. The court held that an indigent defendant was entitled to representation by counsel only for trial and for the direct appeal from the judgment of conviction and sentence. Defendant did not file a motion to withdraw his guilty plea, which, if timely, would have triggered the right to appointed counsel. Thus, defendant was not entitled to counsel to pursue either the motion or an appeal from the denial thereof. The court also held that the trial court's order denying the motion to set aside and reenter order was vacated, and the case was remanded to the trial court with direction that it make the necessary findings under Cambron v. Canal Ins. Co. The court further held that the order denying the motion to vacate a void and illegal sentence was reversed with direction that the sentences of life without parole be vacated. If the trial court found the existence of at least one aggravating circumstance as authorized by the provisions of OCGA 17-10-30 and by the court's case law construing that statute, then it could determine whether in its discretion to impose a sentence of life imprisonment without parole. Accordingly, the judgment was affirmed in part, reversed in part, and remanded for further proceedings.
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