Ward v. State
2011 Ga. App. LEXIS 690
Ga. Ct. App.2011Background
- Ward pled guilty in Rockdale County Superior Court to one count of armed robbery on October 14, 2009 and was sentenced as a recidivist to fourteen years in confinement plus six years on probation.
- Over one year later, on October 26, 2010, Ward filed an Extraordinary Motion to Withdraw Guilty Plea alleging involuntary plea and a flawed indictment.
- The trial court dismissed the motion for lack of jurisdiction.
- The court held a post-sentencing motion to withdraw a guilty plea filed after the sentencing term is outside the trial court's jurisdiction and can only be pursued via habeas corpus after the term.
- Ward’s sentence—20 years—fell within the statutory punishment range, so the sentence was not void.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction to hear out-of-time motion | Ward contends the court can consider withdrawal of plea post-term. | State contends the court lacks jurisdiction after the term of court. | Court lacked jurisdiction; dismissal affirmed. |
| Void sentence challenge | Ward claims his sentence is void due to involuntary plea. | State argues the issue relates to conviction, not sentence, and is within statutory limits. | Sentence not void; within statutory range. |
Key Cases Cited
- Smith v. State, 283 Ga. 376 (Ga. 2008) (no jurisdiction to withdraw plea post-term; habeas corpus only remedy)
- Henry v. State, 269 Ga. 851 (Ga. 1998) (post-term withdrawal limited to habeas corpus)
- Reed v. State, 296 Ga.App. 366 (Ga. App. 2009) (void-sentence analysis relates to conviction, not sentence)
- Battle v. State, 235 Ga.App. 101 (Ga. App. 1998) (voidness requires statutorily impermissible punishment)
- Colson v. State, 310 Ga.App. 221 (Ga. App. 2011) (when sentence within statutory range, not void)