X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Fuller, Senior Judge. In April 2017, Ricardo Campus[1] pled guilty in Gwinnett County Superior Court to rape, aggravated assault, and first-degree cruelty to children, and the trial court imposed a total sentence of 18 years in prison, to be followed by life on probation. Campus, proceeding pro se, now appeals from the trial court’s dismissal of his January 2023 “extraordinary” motion to withdraw his guilty pleas. Campus contends that his pleas were involuntary because his counsel rendered ineffective assistance by misinforming him of the collateral consequences of pleading guilty and failing to tell him that he would be required to serve his entire sentence. Because the trial court lacked jurisdiction to grant Campus’s motion, we affirm. A motion to withdraw a guilty plea “must be filed in the term of court in which the defendant is sentenced.” Spriggs v. State, 296 Ga. 542, 542 (769 SE2d 392) (2015). Otherwise, the trial court lacks jurisdiction to entertain such a motion. Id.; Henderson v. State, 295 Ga. 333, 336-337 (2) (759 SE2d 827) (2014); Orr v. State, 276 Ga. 91, 93 (2) (575 SE2d 444) (2003). Campus filed his January 2023 motion well outside of the 2017 term of court in which his sentence was entered. See OCGA § 1563 (20) (Gwinnett County Superior Court terms begin on the first Monday in March, June, and December, and the second Monday in September). Given the expiration of the term of court in which he was sentenced, “[t]he only means now available to [Campus] for challenging the guilty pleas he entered in [2017] is through a petition for [a] writ of habeas corpus.” Orr, 276 Ga. at 93 (2); accord Foster v. State, 294 Ga. 400, 401 (754 SE2d 78) (2014). And Campus neither argues nor cites any authority suggesting that denominating his motion to withdraw his pleas as “extraordinary” changes that result. He therefore has not met his burden of showing that the trial court erred when it determined that it lacked jurisdiction to consider his untimely request to withdraw his guilty pleas. See Spriggs, 296 Ga. at 542; Henderson, 295 Ga. at 336-337 (2). As a result, we need not reach the merits of the substantive claims of error raised in Campus’s appellate brief, and we affirm the judgment of the trial court. Judgment affirmed. Doyle, P. J., and Gobeil, J., concur.

 
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
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More

We are seeking two attorneys with a minimum of two to three years of experience to join our prominent and thriving education law practice in...


Apply Now ›

Description: Fox Rothschild has an opening in the New York office for a Real Estate Litigation Associate with three to six years of commerci...


Apply Now ›

Downtown NY property and casualty defense law firm seeks a Litigation Associate with 3+ years' experience to become a part of our team! You ...


Apply Now ›