This is a pro se appeal by prisoner James M. Harris from two orders entered on the same day by the Superior Court of Douglas County, one denying Harris’s “Motion to Withdraw Guilty Plea and to Correct Void Sentence” and the other denying his “Petition for Writ of Mandamus.”1 For the reasons which follow, we dismiss that portion of the appeal relating to the mandamus ruling and affirm the judgment of the superior court denying the withdrawal of the guilty plea and the challenge to the sentence as void. On February 13, 2003, Harris was charged with one count of felony theft by shoplifting. On March 13, 2003, the State filed its “Notice of Similar Transactions and Evidence to be Offered in Aggravation of Punishment”; appended to the notice were certified copies of three prior misdemeanor theft by shoplifting convictions, a felony theft by shoplifting conviction, and a misdemeanor theft by taking conviction. The notice stated that it would be supplemented, and that Harris had more than three prior felony convictions as documented by the Georgia Crime Information Center “GCIC” printout served in discovery on that date; consequently, Harris was subject to punishment as a repeat offender under OCGA §17-10-7c. The plea agreement provided for a sentence of 10 years, 7 of which were to be served in prison. Harris pled guilty to the felony theft by shoplifting charge on May 19, 2003, and received the recommended sentence.
On January 26, 2004, Harris filed the present “Motion to Withdraw Guilty Plea and to Correct Void Sentence,” and then on April 6, 2004, his “Petition for Writ of Mandamus,” seeking to force a ruling on the January 26 motion. On April 16, 2004, the superior court denied Harris’s “Motion to Withdraw Guilty Plea and to Correct Void Sentence.” The order stated that inasmuch as the term of court during which Harris entered his guilty plea had expired, the court had no authority to allow Harris to withdraw his guilty plea; as to Harris’s claim for relief regarding his sentence, the court noted that it had previously denied Harris’s motion to correct and modify his sentence.2 Also, on April 16, 2004, the superior court denied Harris’s “Petition for Writ of Mandamus” because he had already received the relief requested, that is, the court had ruled on his motion asking to withdraw his guilty plea and to “correct” his sentence; therefore, the request for mandamus was moot.
