310 Ga. App. 182
Ga. Ct. App.2011Background
- Rhone pled guilty to two counts of aggravated stalking on August 16, 2010.
- On September 13, 2010 Rhone filed a document titled Withdrawal of Plea alleging ineffective assistance and requesting withdrawal.
- The trial court treated it as a motion to withdraw and dismissed it as untimely outside the term of court.
- Georgia law provides that after the term in which sentencing occurred, a trial court lacks jurisdiction to allow withdrawal of a guilty plea.
- Rhone was sentenced August 16, 2010 (amended August 25, 2010) in Dekalb County during the July term of court under OCGA § 15-6-3(37).
- Thus the motion to withdraw filed September 13, 2010 was untimely and the court properly dismissed; the appeal was affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the trial court have jurisdiction to entertain Rhone's untimely motion to withdraw the plea? | Rhone argues withdrawal should be considered. | State argues untimely motion outside term; no jurisdiction. | No jurisdiction; motion properly dismissed. |
Key Cases Cited
- Davis v. State, 274 Ga. 865 (2002) (after term expires, withdrawal requires habeas corpus)
- Downs v. State, 270 Ga. 310 (1998) (remedy for withdrawal after term is habeas corpus)
- Martin v. State, 266 Ga.App. 190 (2004) (untimely withdrawal denied)