Campos v. State, 292 Ga. 83

Campos pled guilty to malice murder under a negotiated plea, receiving a life sentence, after a Whitfield County indictment with six counts in 2005.
The State agreed to nolle prosequi the remaining counts following Campos's guilty plea to malice murder.
Campos later filed a pro se 2012 motion seeking an out-of-time appeal and alleging ineffective assistance of counsel and lack of Boykin advisement.
The superior court dismissed Campos’s withdrawal-from-plea claim as untimely and denied other claims.
The trial court held that withdrawal of the plea was not proper and that the Boykin advisement issue could not be resolved on the record.
The Georgia Supreme Court affirmed, ruling there was no error in denying an out-of-time appeal because the claims could not be resolved on the existing record.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the motion to withdraw the plea was timely or proper	Campos	State	Untimely; withdrawal not permitted; habeas route proper
Whether Campos had an right to an out-of-time direct appeal based on record issues	Campos	State	Out-of-time appeal discretionary; only if record supports the issue
Whether Campos’s guilty plea was voluntary under Boykin	Campos	State	Boykin requirements satisfied by court colloquy and prior advisements

Loyd v. State, 288 Ga. 481 (2011) (court lacks jurisdiction to allow plea withdrawal after term ends; habeas remedy only)
Brown v. State, 290 Ga. 321 (2012) (out-of-time appeal requires discretionary review by trial court)
Leverette v. State, 291 Ga. 834 (2012) (out-of-time appeal permissible where record supports appeal on record)
Johnson v. State, 286 Ga. 432 (2010) (ineffective-assistance claims require resolution by record evidence)
Adams v. State, 285 Ga. 744 (2009) (Boykin compliance standard; trial court must inform of rights)
Green v. State, 291 Ga. 506 (2012) (factual allegations belied by record; no error in denial)