Allen v. the State, 333 Ga. App. 853

Rodney Allen entered negotiated guilty pleas to multiple indictments on May 9, 2013; the trial court orally pronounced sentence that day and signed the written sentence the same day.
The clerk did not stamp the final disposition as filed until May 16, 2013 (the May term); Allen filed a pro se motion to withdraw his pleas on June 7, 2013.
Allen argued he was incompetent when he pled because of diagnosed schizophrenia and antisocial personality disorder and was taking psychotropic medication; he claimed his pleas were therefore involuntary.
The record included a mental health evaluation finding Allen competent to stand trial; the trial court questioned Allen at the plea hearing regarding orientation, understanding of charges, rights waived, and satisfaction with counsel.
The trial court denied the motion to withdraw after an evidentiary hearing, finding Allen competent when he pled and that no manifest injustice required withdrawal.
Allen appealed, raising: (1) whether his motion was timely such that the trial court had jurisdiction, and (2) whether withdrawal was required because he was incompetent when he pled.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Timeliness / Jurisdiction to hear motion to withdraw	Allen: motion filed in May term (June 7) was timely because sentence was not entered until clerk filed written sentence May 16	State: sentence was orally pronounced May 9 (prior term), so motion may be untimely	Court: motion was timely — judgment is entered when the signed sentence is filed; clerk’s May 16 filing placed the sentence in the May term, so the motion was timely.
Competency / Manifest injustice warranting plea withdrawal	Allen: mental illness and medication rendered him incompetent; plea therefore involuntary and subject to withdrawal to correct manifest injustice	State: record shows mental evaluation found competency; court extensively questioned Allen and found him competent; no evidence of involuntariness	Court: trial court did not abuse discretion; competency was established and no manifest injustice shown, so denial of withdrawal affirmed.

Rubiani v. State, 279 Ga. 299 (timeliness rule and post-term relief limitation)
Lay v. State, 289 Ga. 210 (motion to withdraw must be filed in same term as sentence entered)
McKiernan v. State, 286 Ga. 756 (same rule regarding term and jurisdiction)
Curry v. State, 248 Ga. 183 (oral pronouncement is not the sentence until reduced to writing)
Bradshaw v. State, 163 Ga. App. 819 (written entry is required for a judgment to exist)
Young v. State, 328 Ga. App. 91 (motion timely if filed in same term as when sentence was entered by clerk)
Phelps v. State, 293 Ga. 873 (standard: withdrawal after sentencing only to correct manifest injustice)
Morrow v. State, 266 Ga. 3 (competency standard for pleading guilty equals competency to stand trial)
Walden v. State, 291 Ga. 260 (trial court discretion and manifest injustice standard)