This Court granted certiorari in Stinson v. State , 264 Ga. App. 774 592 SE2d 141 2003, to consider whether the Court of Appeals erred by holding that, under the circumstances of the case, Stinson retained his right to withdraw his guilty plea. For the reasons which follow, we find that the Court of Appeals mistakenly concluded that Stinson retained the ability as a matter of right to withdraw his guilty plea, and therefore, we reverse. The relevant facts are set forth in the opinion of the Court of Appeals. On December 1, 1998, Timothy Stinson was charged with violating the Georgia Controlled Substances Act by unlawfully possessing Xanex. On December 8, 1998, Stinson pled guilty to the charged drug offense, and signed a Drug Court Contract. The contract provided in relevant part: I, Timothy Stinson , understand that I have been permitted to participate in the Drug Court Program, and that I must fully comply with the counseling recommendations and other court orders set forth. I also understand that I have entered a plea of guilty to these charges and if I fail to obey the terms of this contract, I shall be terminated from the Drug Court and sentenced within the discretion of the court. Stinson violated the contract by missing rehabilitation treatment sessions, and a bench warrant was issued for his arrest on March 21, 2001. Stinson was arrested, but then released after the trial court ordered him to continue rehabilitation and to comply with the terms of the Drug Court Contract. After Stinson again violated the contract by failing to timely appear in court, the trial court issued a “pick-up order” for Stinson on August 20, 2002.
The trial court held a hearing on January 16, 2003 to determine whether Stinson should be terminated from the Drug Court Program. At the hearing, Stinson filed a motion to withdraw his guilty plea as a matter of right because he had not yet been sentenced by the trial court. The trial court denied the motion to withdraw the guilty plea, terminated Stinson from the Drug Court program, and sentenced him to five years to be served on probation.
