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Rhodes v. State

The defendant's claim that his guilty plea was not freely entered was not a proper ground for an out-of-time appeal, as its resolution required evidence that was not part of the plea transcript.

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Appellant Ron Rhodes appeals from the trial court’s order denying multiple motions he filed following entry of his guilty plea. For the reasons that follow, we affirm.

On March 6, 2000, appellant, who had been indicted in connection with the shooting death of a Bibb County convenience store clerk, pled guilty but mentally retarded to charges of malice murder and armed robbery in exchange for the State’s agreement not to pursue the death penalty against him. On March 14, 2000, the trial court sentenced appellant on these charges to two consecutive terms of life imprisonment. More than thirteen years later, in July 2013 and January 2014, appellant filed numerous motions in the trial court seeking, among other things, to withdraw his guilty plea, an out-of-time appeal, appointment of counsel, and reversal of his convictions. The trial court, without holding an evidentiary hearing, denied all of appellant’s motions and appellant filed this direct appeal. See Simmons v. State, 276 Ga. 525, 525 n.2 579 SE2d 735 2003 denial of motion for out-of-time appeal is directly appealable where conviction has not been subject of direct appeal.

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