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Carleton v. State

The trial court correctly concluded that it lacked jurisdiction to consider the defendant's motion to withdraw his guilty plea, because his notice of appeal divested the trial court of jurisdiction.

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Clayton Carleton appeals from two decisions of the trial court: his judgment of conviction and sentence on a guilty plea; and the trial court’s refusal to consider his motion to withdraw his plea, alleging ineffective assistance of counsel.1 The trial court correctly concluded that it had no jurisdiction to consider Carleton’s motion to withdraw his guilty plea, and Carleton may not file a direct appeal of his guilty plea on the ground of ineffective assistance of trial counsel when the record contains only the transcript of the plea hearing. We therefore affirm. On January 24, 2007, Carleton entered an Alford plea2 to three counts of rape, three counts of child molestation, and two counts of aggravated child molestation. His trial counsel filed a notice of appeal on February 2, 2007, and four days later moved to withdraw as counsel. That motion was granted on February 6, 2007, new counsel was appointed on February 22, 2007, and he entered an appearance on March 1, 2007.

On March 15, 2007, new counsel filed a motion to withdraw the plea of guilty and for trial, contending that Carleton “received ineffective assistance of counsel, did not understand the nature of the sentencing hearing and did not understand his rights under the United States Constitution and the Georgia Constitution.” The trial court denied this motion on the basis that it lacked jurisdiction to hear the motion.

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