Sims v. State, 312 Ga. 303

In 2006 Sims was indicted on a 36-count indictment including multiple malice-murder counts and numerous related felonies arising from 2005 murders and robberies.
Pursuant to a plea agreement, Sims (with counsel) pleaded guilty in August 2010 to multiple murder, aggravated assault, robbery, and burglary counts in exchange for the State withdrawing its notice to seek the death penalty.
After a sentencing hearing in October 2010, the court imposed six concurrent life sentences plus 200 years; Sims did not file a timely direct appeal.
Sims filed pro se motions shortly after sentencing (including a Nov. 2010 motion to withdraw his plea), but those filings were made while counsel of record had not been permitted to withdraw and thus were legal nullities.
He later filed a pro se out-of-time appeal motion in 2017 (alleging counsel failed to investigate voluntariness of a custodial statement) and an out-of-time motion to withdraw his guilty plea in Feb. 2020; the trial court dismissed the 2020 motion for lack of jurisdiction because it was filed outside the term in which the plea was entered, and Sims had not alleged counsel’s ineffectiveness caused the delay.
Sims appealed, arguing for the first time that plea counsel’s ineffectiveness/post-plea abandonment excused the untimely filing and that Collier required an evidentiary hearing; the Supreme Court of Georgia affirmed the dismissal.

Issue	Plaintiff's Argument (Sims)	Defendant's Argument (State)	Held
Jurisdiction to consider Feb. 2020 motion to withdraw guilty plea	The court should permit an out-of-time withdrawal of the plea despite filing outside the term	Motion was filed after the term in which sentence was entered; trial court lacks jurisdiction	Dismissal affirmed: untimely motion filed outside the term — trial court lacked jurisdiction
Applicability of Collier and requirement of an evidentiary hearing	Collier entitles him to a hearing on an out-of-time motion to withdraw plea	Collier governs out-of-time appeals, not out-of-time motions to withdraw pleas; no hearing required absent proper allegations	Collier does not apply; no entitlement to a hearing on this motion
Preservation of claim that counsel’s ineffectiveness caused failure to timely file	Plea counsel’s ineffectiveness/post-plea abandonment prevented timely filing of motion to withdraw plea	Sims never alleged in the trial court that counsel’s deficient performance caused the delay; claim is unpreserved	Claim unpreserved on appeal because it was not pled below
Effect of pro se filings while counsel remained of record	Earlier pro se filings should be treated as effective motions	When counsel of record remains in place (no order permitting withdrawal), pro se filings are legal nullities	Pro se filings made while counsel was still of record were legal nullities (no rulings)

Collier v. State, 307 Ga. 363 (explaining standards for out-of-time appeals and when evidentiary hearings are required)
Bailey v. State, 306 Ga. 364 (discussing that an excuse of constitutional magnitude is required for an out-of-time appeal)
White v. State, 302 Ga. 315 (holding that legal representation continues through the term unless counsel is permitted to withdraw)
Brooks v. State, 301 Ga. 748 (holding a motion to withdraw a guilty plea must be filed within the same term of court as sentencing)
Rubiani v. State, 279 Ga. 299 (affirming that a trial court lacks jurisdiction to allow plea withdrawal after the term has expired)
Boykin v. Alabama, 395 U.S. 328 (establishing requirement that a guilty plea be knowing and voluntary)