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Davis v. State

Supreme Court of Georgia
Mar 11, 2002
274 Ga. 865 (Ga. 2002)

Summary

affirming denial of untimely motion to withdraw guilty plea while noting trial court should have dismissed the motion; no indication denial was on the merits

Summary of this case from Moore v. State

Opinion

S02A0103.

DECIDED: MARCH 11, 2002.

Murder. Monroe Superior Court. Before Judge Smith.

Donald L. Davis, pro se.

Richard G. Milam, District Attorney, Paul E. Hemmann, Assistant District Attorney, for appellee.


This case is before the court from the denial of a motion to withdraw a guilty plea filed outside the term of court in which it was entered. We hold that the trial court was without jurisdiction to entertain the untimely motion and that the appellant was not entitled to the relief sought.

Donald L. Davis was indicted on charges of malice murder, felony murder, possession of a firearm by a convicted felon, and possession of a firearm during the commission of a crime in connection with the shooting death of Shereka Smith. After initially entering pleas of not guilty to all counts, Davis changed his plea to guilty of one count of malice murder and he was sentenced to life in prison; the remaining counts of the indictment were placed on the dead docket. More than a year after sentencing, Davis filed a motion to withdraw his guilty plea, asserting among other claims, that he was denied effective assistance of counsel during the plea proceedings, which rendered his plea involuntary.

"It is well settled that when the term of court has expired in which a defendant was sentenced pursuant to a guilty plea the trial court lacks jurisdiction to allow the withdrawal of the plea." Henry v. State, 269 Ga. 851, 853 (2) ( 507 S.E.2d 419) (1998). Davis was sentenced on April 25, 2000; his motion to withdraw was filed on May 9, 2001, after four terms of court had passed. See OCGA § 15-6-3 (40.1) (C). The only means available to Davis to withdraw his guilty plea is through habeas corpus proceedings. Downs v. State, 270 Ga. 310 ( 509 S.E.2d 40) (1998);Henry, supra.

Because Davis' motion to withdraw the plea was brought against the State in the county of conviction, rather than against the warden in the county in which he is incarcerated, it cannot be treated as a habeas corpus petition. See OCGA § 9-14-43; Worle v. State, 227 Ga. App. 575 ( 489 S.E.2d 374) (1997); Jarrett v. State, 217 Ga. App. 627 ( 458 S.E.2d 414) (1995). Nor can it be characterized as an extraordinary motion for new trial. "One who has entered a plea of guilty cannot move for a new trial, as there was no trial." Downs, supra at 310.

It follows that the trial court was without jurisdiction to entertain Davis' claims and his pleadings should have been dismissed. Id. Since Davis was not entitled to the relief sought, the judgment below will be affirmed. See Henry, supra;Worle, supra.

Judgment affirmed. All the Justices concur.


DECIDED MARCH 11, 2002.


Summaries of

Davis v. State

Supreme Court of Georgia
Mar 11, 2002
274 Ga. 865 (Ga. 2002)

affirming denial of untimely motion to withdraw guilty plea while noting trial court should have dismissed the motion; no indication denial was on the merits

Summary of this case from Moore v. State

affirming denial of untimely motion to withdraw guilty plea while noting trial court should have dismissed the motion; no indication denial was on the merits

Summary of this case from Brooks v. State

affirming denial of motion to withdraw guilty plea because, irrespective of defendant's claim that he was denied effective assistance of counsel during the plea proceedings, the trial court lacked jurisdiction to grant the relief requested, where defendant filed his motion after the expiration of the term of court during which he was sentenced

Summary of this case from Perez v. State

In Davis, this Court stated that the only means available to withdraw a plea in such a circumstance is through a habeas corpus proceeding.

Summary of this case from Colquitt v. State

In Davis, this Court stated that the only means available to withdraw a plea in such a circumstance is through a habeas corpus proceeding.

Summary of this case from Adams v. State

In Davis, this Court stated that the only means available to withdraw a plea in such a circumstance is through a habeas corpus proceeding.

Summary of this case from Adams v. State
Case details for

Davis v. State

Case Details

Full title:DAVIS v. THE STATE

Court:Supreme Court of Georgia

Date published: Mar 11, 2002

Citations

274 Ga. 865 (Ga. 2002)
561 S.E.2d 119

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