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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.

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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.

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