Jones v. State
2011 Fulton County D. Rep. 299
Ga. Ct. App.2011Background
- Jones was charged with malice murder and possession of a firearm during the commission of a crime after he shot and killed his wife.
- He entered a negotiated guilty plea to the lesser included offense of voluntary manslaughter and to the possession charge, with sentences of 20 years and 5 years respectively, to be served consecutively.
- Jones later moved to withdraw his guilty plea, arguing the possession conviction was illegal and void because the murder conviction had been acquitted as the basis for the possession charge.
- The trial court denied the motion, holding it lacked jurisdiction because the motion was filed after the term of court in which judgment was rendered.
- The Georgia Court of Appeals held that Jones’s sentence was not void, and the motion to withdraw was untimely and properly dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sentence was void, entitling withdrawal as of right | Jones argues sentence void due to lesser-included plea | State contends sentence not void; motion untimely | Sentence not void; motion untimely; affirmed |
Key Cases Cited
- Kaiser v. State, 285 Ga.App. 63 (2007) (absolute right to withdraw plea before sentence; void-sentence analysis)
- Chester v. State, 284 Ga. 162 (2008) (void sentences limited to prohibited punishments; possession does not merge here)
- Prather v. State, 259 Ga.App. 441 (2003) (mutually exclusive verdicts; implications for possession during murder)
- Smith v. State, 283 Ga. 376 (2008) (jurisdictional limit on motion to withdraw plea; habeas corpus avenue)