Background

• Barnes was convicted in 1993 of malice murder, two counts of felony murder, and armed robbery; the death sentence was vacated due to improper Mitigation-proofing at sentencing, and remanded for a new sentencing trial on malice murder.
• In 1999, Barnes entered a sentencing agreement pleading guilty to malice murder in exchange for life without parole and the State withdrawing its death-penalty notice.
• This Court later affirmed the trial court’s denial of Barnes’ pro se out-of-time appeal filed in 2012.
• In November 2012, Barnes sought appointment of counsel to assist with a motion to withdraw his guilty plea; the trial court denied this request.
• The issue on appeal was whether Barnes was entitled to appointed counsel for a motion to withdraw a guilty plea; the Court held the motion would be untimely and the court lacked jurisdiction to consider it since the sentence terms had expired.
• Judgment affirmed; the opinion discusses that a habeas petition would be the proper vehicle to withdraw a plea after term expiration and that the collateral nature of such proceedings generally does not provide a right to appointed counsel.

Issues

Key Cases Cited

• Fortson v. State, 272 Ga. 457 (2000) (Sixth Amendment right to counsel attaches to withdrawal motion filed within the same term)
• Rubiani v. State, 279 Ga. 299 (2005) (after term ends, habeas corpus required to withdraw plea)
• Kaiser v. State, 285 Ga. App. 63 (2007) (withdrawal outside term permitted where sentence void)
• Barnes v. State, 291 Ga. 831 (2012) (reaffirmed denial of out-of-time appeal; sentence legality not unsettled)
• Barnes v. State, 269 Ga. 345 (1998) (remand for new sentencing; sentencing agreement upheld)
• Coleman v. State, 256 Ga. 77 (1986) (trial court may deny appointed counsel for withdrawal outside term)
• Gibson v. Turpin, 270 Ga. 855 (1999) (habeas corpus collateral proceedings; no right to appointed counsel)