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Ward v. State

Habeas corpus provided the defendant's only remedy for challenging his guilty plea to armed robbery after the term of court in which it was entered.

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Kentral Ward appeals from the trial court’s order dismissing his out-of-time motion to withdraw his guilty plea. Because the trial court properly found that it lacked jurisdiction to consider the motion, we affirm. On October 14, 2009, Ward pled guilty in Rockdale County Superior Court to one count of armed robbery. He was sentenced as a recidivist to fourteen years in confinement, followed by six years on probation. Over one year later, on October 26, 2010, he filed an “Extraordinary Motion to Withdraw Guilty Plea,” claiming that he did not knowingly and voluntarily plead guilty and that the underlying indictment was flawed. The trial court dismissed the motion for lack of jurisdiction. We find no error.

“It is well settled that a trial court does not have jurisdiction to entertain a motion to withdraw a guilty plea filed after the term of court in which the defendant was sentenced under the plea.” Smith v. State , 283 Ga. 376 659 SE2d 380 2008. After the term of court has expired, a defendant’s only means for withdrawing a guilty plea is through habeas corpus proceedings. See id. at 376 n.1; Henry v. State , 269 Ga. 851, 853 2 507 SE2d 419 1998. Ward pled guilty and was sentenced during Rockdale County’s October 2009 term of court. A new term of court began on the first Monday of January 2010. See OCGA § 15-6-3 32.1. Clearly, therefore, Ward filed his October 26, 2010 motion outside the term of court in which he was sentenced.

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