Lloyd v. State

In Lloyd v. State, 258 Ga. 645 (373 SE2d 1) (1988) the Supreme Court of Georgia recognized that "objective professional standards dictate that a defendant, absent extenuating circumstances, is entitled to be told that an offer to plead guilty has been made and to be advised of the consequences of the choices confronting him." Id. at 648 (2) (a). Defense counsel in Lloyd received an offer of a plea bargain from the state but did not communicate the offer to the defendant. In ascertaining whether the defendant has been prejudiced by such an error, Lloyd requires an examination of the facts of each case to determine whether "there is at least an inference from the evidence that the defendant would have accepted the offer as made or something similar." Id. at 648 (2) (b). The Georgia Supreme Court recognized that a "defendant is entitled, under the Sixth Amendment, to competent counsel who performs to the standards expected in the legal profession when deciding whether or not to plead guilty." Id. A defendant "is entitled to be told that an offer to plead guilty has been made and to be advised of the consequences of the choices confronting him." Id. at 648 (2) (a).