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Sheffield v. State11/19/2004
ed assault on a police officer by using a motor vehicle offensively against the officer. Sheffield's claim to the contrary is thus without merit, and the trial court did not err in denying his motion to withdraw his guilty plea.
2. Sheffield further complains that his trial attorney was ineffective. Sheffield, however, did not raise this issue in the trial court. Rather, as previously noted, the sole ground asserted in his motion to withdraw the guilty plea was the alleged absence of any evidence that he committed an aggravated assault on an officer. A claim of ineffective assistance of counsel must be raised in the trial court at the earliest practicable moment, and the failure to raise the issue constitutes a waiver. Sheffield could have raised the issue of ineffective assistance of counsel in his motion to withdraw the guilty plea, but he did not, and his failure to do so constitutes a waiver barring appellate consideration of the issue.
Judgment affirmed. Smith, C. J., and Phipps, J., concur.
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