Phelps v. Georgia
Annotate this CaseA Brooks County grand jury indicted Willie Phelps, Kenneth Brinson and Kenneth Williams, for felony murder, aggravated assault, and possession of a firearm during the commission of a felony. Each defendant was indicted individually and as a party to the crimes. At a hearing, Phelps intended to plead guilty to felony murder and to the count of the indictment alleging aggravated assault. However, during the proceedings, it became apparent that the indictment's count regarding the aggravated assault was not properly worded. A separate accusation was prepared, addressing that crime alone, with a separate case number, and Phelps pled guilty to felony murder under Count One of the indictment, and guilty to the aggravated assault under the separate accusation. The next day, the trial court entered an order sentencing Phelps to life in prison for felony murder, and a separate order sentencing him to twenty years in prison for aggravated assault, to be served concurrently with the sentence for felony murder. An order of nolle prosequi was subsequently entered as to the remaining counts of the indictment. Phelps appealed the denial of his motions to withdraw his guilty pleas, citing problems with the indictment, ineffective assistance of counsel, and other prejudicial errors at trial. Finding no error, the Supreme Court affirmed his conviction.
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