INEFFECTIVE ASSISTANCE OF COUNSEL: BUCHANAN V. COM. (COA 6/8/2007)

BUCHANAN V. COM.
CRIMINAL: 
RCr 11.42 & CR 60.02
2006-CA-000923
PUBLISHED: AFFIRMING
JUDGES:  MOORE (PJ); LAMBERT, NICKELL CONCURRING
FULTON COUNTY
DATE RENDERED: 6/8/2007

CA affirmed TC’s dismissal without an evidentiary hearing of Buchanan’s motion to vacate pursuant to RCr 11.42 and CR 60.02. CA rejected Buchanan’s claims that (1) trial counsel rendered ineffective assistance when counsel failed to advise Appellant, before he pled guilty, that if he received probation, he would receive the maximum sentence allowed by law; (2) the trial court should have provided Appellant the opportunity to withdraw his guilty plea after the court increased his sentence by ten years above the sentence provided by the plea agreement; (3) the trial court failed to hold, and trial counsel failed to request, an evidentiary hearing to determine whether Appellant’s guilty plea was entered intelligently and knowingly after the court learned that Appellant suffered from a chemical imbalance and bipolar disorder and that Appellant was under the care of a psychiatrist; and (4) trial counsel rendered ineffective assistance by failing to advise Appellant that merely possessing anhydrous ammonia is not enough to prove intent to manufacture methamphetamine.

Digested by Scott Byrd @ www.OlginandByrd.com

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