NGO v. the STATE.
NGO v. the STATE.
Opinion
Phu Sy Ngo pleaded guilty to one count of burglary in the Superior Court of Gwinnett County. He then filed, within the same term of court, a pro se motion to withdraw his guilty plea. During the motion hearing, Ngo asked that counsel be appointed to assist him with his motion to withdraw. The trial court denied Ngo's request for appointment of counsel and then denied his motion to withdraw the guilty plea. On appeal, Ngo claims that the trial court erred in failing to either provide counsel to assist in his motion to withdraw his plea or to inquire as to whether he had waived his right to counsel. We agree and reverse and remand with direction.
If filed within the same term of court, the Sixth Amendment's "right to counsel attaches when a defendant seeks to withdraw a guilty plea, thus entitling that defendant to assistance of counsel."
Fortson v. State
,
The State acknowledges that the trial court erred in denying Ngo's request for assistance of counsel, but it argues that the error was constitutionally harmless. The application of the harmless error doctrine, however, is inappropriate where the defendant asserts that his guilty plea was not knowingly and voluntarily entered. See
Fortson v. State
,
because [Ngo] was not appointed counsel for his motion to withdraw his plea, the record does not reveal that the court informed him of his right to counsel, and no waiver of counsel appears in the record, we reverse and remand this case to the trial court for a re-hearing on [Ngo's] motion to withdraw his guilty plea to be conducted in conformity with this opinion.
(Citations and punctuation omitted.)
Douglas v. State
,
Judgment reversed and case remanded with direction.
Andrews and Rickman, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.