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Wilkinson v. State

Even considering the defendant's motion in arrest of judgment as a motion to withdraw his guilty plea, he had to file the motion in the same term of court as the judgment on his plea.

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Appellant Ralph Wilkinson pled guilty to felony murder and was sentenced to life in prison in November 2007. On April 4, 2011, he filed an extraordinary motion in arrest of judgment, arguing his indictment failed to charge the critical elements of the alleged offenses and failed to charge venue. The trial court dismissed the motion because it had dismissed substantially the same motion in October 2010, and the prior dismissal was conclusive between Wilkinson and the State. Wilkinson appeals the dismissal, and we affirm. Pretermitting the issue of whether the trial court’s prior denial was conclusive as to Wilkinson, his motion in arrest of judgment, filed nearly three years after the entry of his guilty plea, was untimely. Under Georgia law, motions in arrest of judgment must be filed within the same term of court as the judgment. OCGA § 17-9-61 b. Even considering Wilkinson’s motion as a motion to withdraw a guilty plea based on his argument that his plea was made unknowingly, motions to withdraw guilty pleas also must be made within the same term of court as the plea. See Rubiani v. State , 279 Ga. 299 612 SE2d 798 2005; Thompson v. State , 274 Ga. 818 559 SE2d 730 2002.

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