Clowers v. Sikes

¶1concurring.

¶2I concur in all that is said in the majority opinion. However, as the author of Parks v. McClung, 271 Ga. 795 (524 SE2d 718) (1999), I feel compelled to point out that that opinion does not control this appeal.

¶3In Parks, the trial court engaged in a colloquy with the defendants to ensure that they understood their constitutional rights, and that they knowingly and voluntarily relinquished them. In this case, on the other hand, the record does not show that the court made a full effort to determine if Clowers understood the import of his con*466stitutional rights, and affirmatively waived them. There is evidence that the ADA spoke with Clowers in the courtroom, informed him of his constitutional rights, and heard him say that he waived them. There is no reason why such an inquiry cannot be undertaken in that manner, provided that the court is in a position to observe, and participate in, what transpires.2 However, there is no evidence in this case that the court could hear the ADA’s questions and Clowers’ answers. Thus, the court was not able to ascertain whether Clowers intelligently waived his constitutional rights.

¶4The entry of a guilty plea is a magic moment which separates the guilty from the innocent. It cannot be undertaken lightly. When a court accepts a guilty plea, it should strive to make a perfect record, leaving no doubt that it participated in the plea process and satisfied itself that the defendant understood and waived his rights.