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Wright v. State

The defendant's motion to withdraw his guilty plea to felony murder was untimely and the trial court properly found that it was without jurisdiction to allow the withdrawal.

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On March 4, 2015, Jeffrey Wright pled guilty to felony murder and, on that same day, was sentenced in the Wilcox County Superior Court to life imprisonment in connection with the February 14, 2014 burglary and stabbing death of Franz Tarth. On April 6, 2015,Wright filed a pro se motion to withdraw his guilty plea, which the trial court denied on April 9, 2015. Wright filed a pro se appeal from this order, and, for the reasons that follow, we affirm.

1. “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 1 507 SE2d 419 1998. On March 4, 2015, during the December 2014 term of court for the Wilcox County Superior Court, Wright pled guilty to and was sentenced for felony murder. Five days later, on Monday, March 9, 2015, the December term of court ended, and a new term began. OCGA § 15 6 3 13 D Wilcox County Superior Court terms “shall commence . . . on the second and third Mondays in March; fourth Monday in August and Monday following; and first and second Mondays in December”. Because Wright did not file his motion to withdraw his guilty plea until April 6, 2015, the motion was untimely, and the trial court was without jurisdiction to allow the withdrawal of Wright’s plea. Henry, supra. The only available means for Wright to withdraw his guilty plea now is through habeas corpus proceedings. Loyd v. State, 288 Ga. 481, 484 2 a 705 SE2d 616 2011.

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