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Humphrey v. State

The trial court lacked jurisdiction to entertain the defendant's untimely motion to withdraw his guilty plea to murder and should have dismissed it, rather than denying it.

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Appellant Jamel Humphrey appeals the trial court’s denial of his motion to withdraw guilty plea. For the reasons set forth below, we conclude that the trial court lacked jurisdiction to entertain Humphrey’s motion, and thus, rather than denying the motion, the trial court should have dismissed it. We therefore vacate the judgment below and remand for the trial court to dismiss the motion.

In July 1998, Humphrey pled guilty to murder and was sentenced to life in prison. Pursuant to his plea agreement with the State, the trial court’s sentencing order provided that Humphrey would be eligible for parole, but only after serving 25 years of his sentence. A decade and a half later, Humphrey moved to vacate his sentence, and the trial court denied the motion. On appeal, this Court reversed and remanded, holding that the sentencing court had lacked the authority to impose limitations on parole eligibility that conflicted with those prescribed by statute, and thus concluding that “that provision of the sentence – but only that provision – must be vacated.” Humphrey v. State, 297 Ga. 349, 351 773 SE2d 760 2015 “Humphrey I”.

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