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Foster v. State

A petition for writ of habeas corpus was the only remedy available to the defendant, who filed his motion to withdraw his guilty pleas to felony murder, concealing the death of another and a firearms offense outside the term of court in which he entered his plea and in which he was sentenced.

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Prisoner John Miles Foster appeals, pro se, the dismissal of his “Out of Time Motion to Withdraw Guilty Plea.” For the reasons which follow, we affirm.

On September 30, 1994, Foster pled guilty, in the Superior Court of Clayton County, to felony murder, possession of a firearm during the commission of a crime, and concealing the death of another. On October 6, 1994, he received a life sentence for the felony murder, a concurrent five years in prison for the firearm possession, and a concurrent 12 months in prison for concealing the death. Previously, on July 1, 1994, Foster’s attorney had filed a “Special Plea of Incompetency to Stand Trial and Motion for Transfer of Defendant to the Department of Human Resources.” Prior to entry of Foster’s pleas, a mental evaluation of Foster was conducted and he was found competent to stand trial; it was also determined that at the time he committed the crimes, Foster was not suffering from a mental disorder that prevented him from knowing right from wrong.

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