Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Barton v. State

The trial court properly found that it lacked jurisdiction over the defendant's motion to withdraw his guilty plea, since he filed the motion outside the term of court in which the sentence was filed.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

On November 1, 2013, Paul Barton pled guilty in Floyd County Superior Court to one count of sexual battery and one count of sexual battery against a child under the age of sixteen. That same day, the trial court entered the judgment of conviction and sentenced Barton to serve five years on each count, with the sentences to run consecutively. He now appeals pro se from the denial of his motion to withdraw his guilty plea, arguing that the trial court erred in finding that it lacked jurisdiction over that motion. We find no error and affirm.

Under Georgia law, any motion to withdraw a guilty plea must be made during the same term of court in which the defendant was sentenced. Matthews v. State, 295 Ga. App. 752, 754 1 673 SE2d 113 2009. After that time, the trial court loses jurisdiction over the plea and therefore cannot order its withdrawal. Spencer v. State, 309 Ga. App. 630, 2 710 SE2d 837 2011. Here, Barton entered his guilty plea and was sentenced on Friday, November 1, 2013, which was the last day of the September 2013 term of court; the trial court therefore lost jurisdiction over Barton’s guilty plea on the following Monday November 4, 2013, the date on which the November term of court started. See OCGA § 15-6-3 33 the terms of court for Floyd County shall begin on the “second Monday in January, March, July, and September and first Monday in May and November”. Barton, however, did not file his motion to withdraw his guilty plea until May 9, 2014, approximately six months after his sentence was entered and well after the September 2013 term of court had ended.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Consulting Best Firms to Work For 2024
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More
Go to Events Go to Webcasts
Marketing Coordinator / Business Development

JOB DESCRIPTION SUMMARY Pulsar Title Insurance Company Inc., a commercial and residential title insurance underwriter based in the Bato...


Apply Now ›
Juvenile Dependency Attorney II/III/IV

RECRUITMENT BONUS Newly hired employees from this recruitment may be eligible to receive bonus payments up to $3,000!* FLEXIBLE SCHEDULE: ...


Apply Now ›
Litigation Counsel - Multiple Offices

Morristown, NJ; New York, NY Description: Fox Rothschild has an opening in multiple offices for a Counsel in our Litigation Department. The ...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Go to Professional Announcements