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Hill v. State

The trial court lacked authority to grant the defendant's motion to withdraw his plea after the expiration of the term of court in which the plea was entered.

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Michle A. Hill, pro se, appeals from the order of the Superior Court of Richmond County, which denied Hill’s “Motion for Out of Time Withdrawal of Guilty Plea Due to Ineffective Assistance of Trial Counsel.” Hill is serving a prison sentence for child molestation. For the following reasons, we affirm. The trial court correctly found that, under the circumstances, Hill did not have a right to withdraw his guilty plea. “The trial court’s authority to grant a motion to withdraw a guilty plea ends after the expiration of the term of court in which the plea was entered.” Citation omitted. Nguyen v. State , 279 Ga. 875 621 SE2d 463 2005. Since Richmond County has six terms of court each year OCGA § 15-6-3 5 C, and nine years passed before Hill filed the instant motion to withdraw his plea, the motion was clearly filed outside of the term of court and, thus, the trial court had no authority to permit Hill to withdraw the plea. Id.

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