X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

On August 24, 2006, Jovan D. LaFette entered a negotiated guilty plea to voluntary manslaughter and possession of a firearm by a convicted felon. He was sentenced by the trial court to serve a total of fifteen years in prison. On September 8, 2006, LaFette moved to withdraw his guilty plea, but the trial court dismissed the motion, concluding that it was not timely filed. Thereafter, LaFette filed a “Motion for Direct Appeal of Verdict by Guilty Plea” on September 13, 2006. On September 23, 2006, the trial court entered an order directing the clerk of court to treat the motion as a timely notice of appeal. LaFette appeals, alleging 21 enumerations of error. For reasons that follow, we affirm portions of LaFette’s appeal and dismiss the remainder. 1. To the extent LaFette’s appeal can be construed as a challenge to the trial court’s dismissal of his motion to withdraw his plea, we find no error. LaFette’s motion to withdraw his guilty plea was filed after the term of court in which sentence was imposed.1 “The superior court’s jurisdiction to entertain a motion to withdraw a guilty plea ends after the term of court in which the judgment of conviction was rendered.”2 And “it is well established that after the expiration of the term and of the time for filing an appeal from the conviction, the only remedy available to the defendant for withdrawing a plea is through habeas corpus proceedings.”3 Accordingly, the trial court properly dismissed LaFette’s motion to withdraw his plea.4

2. We must also address the issues raised in LaFette’s direct appeal. Specifically, he argues that he was denied effective assistance of counsel and that his plea was not voluntary or proper. A defendant may challenge a judgment entered on a guilty plea in a timely filed direct appeal “where the question on appeal is one which may be resolved by facts appearing in the record.”5 Thus, we address the merits of LaFette’s appeal “if, and only if, the questions that he seeks to raise on appeal may be resolved by facts appearing in the record, including the transcript of his guilty plea hearing.”6

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More

Our client, a well-regarded privately owned company with North American Headquarters in Atlanta, has asked The Partners Group to identify an...


Apply Now ›

Position requires Personal Injury Experience.


Apply Now ›

Our client, one of the country s preeminent labor and employment law firms, is seeking an Employment Counsel with 7+ years of experience. Th...


Apply Now ›