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Young v. State

The trial court erred in its analysis of the timeliness of the defendant's motion to withdraw his guilty plea.

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John Young appeals from a trial court order dismissing his motion to withdraw a guilty plea. Because the motion was filed within the same term of court as the written sentence entered on the guilty plea, it was timely; and the trial court erred in ruling that he lacked jurisdiction to consider it. We therefore reverse.

On July 15, 2013, in Bulloch County Superior Court, Young pled guilty, pursuant to North Carolina v. Alford, 400 U.S. 25 91 SCt 160, 27 LE2d 162 1970, to robbery, false imprisonment, possession of a firearm during commission of a crime, and possession of a firearm by a convicted felon. At the conclusion of the plea hearing, the trial court announced that it found the state’s sentencing recommendation to be appropriate, stating: “As to count one, twenty to serve. Count two, five concurrent. Count three, five consecutive. And Count four, five concurrent.” However, the court did not enter a final disposition or written sentence on that date. Instead, more than a month later, on August 21, 2013, the trial court signed the final disposition and sentence, which then was not filed until almost a week later on August 27, 2013. In October 2013, Young filed a pro se motion to withdraw his guilty plea, claiming ineffective assistance of counsel.

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