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
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More

CLIENT SERVICES/Hospitality REPRESENTATIVE-FLORIDA OFFICE Prominent mid-Atlantic law firm with multiple regional office locations seeks a f...


Apply Now ›

Prominent mid-Atlantic law firm with multiple regional office locations seeks a legal practice assistant (LPA) for our Boca Raton, FL. Offic...


Apply Now ›

Description: Fox Rothschild has an opening in the Philadelphia, PA office for a litigation associate. The ideal candidate will have two to t...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›