Dupree v. State, S05A0971.
| Decision Date | 19 September 2005 |
| Docket Number | No. S05A0971.,S05A0971. |
| Citation | 279 Ga. 613,619 S.E.2d 608 |
| Parties | DUPREE v. The STATE. |
| Court | Georgia Supreme Court |
Samuel G. Merritt, Americus, for Appellant.
Charles M. Ferguson, Dist. Atty., Keith W. Day, Asst. Dist. Atty., Thurbert E. Baker, Atty. Gen., for Appellee.
This is an appeal from the dismissal of an untimely motion to withdraw pleas entered pursuant to North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970). For the reasons which follow, we affirm.
On July 10, 2002, Curtis Dupree entered Alford pleas to felony murder, burglary, and theft by taking a motor vehicle. Dupree filed a "Motion to Withdraw Guilty Plea, or, in the Alternative, for an Out-of-Time Appeal" on August 24, 2004. On September 14, 2004, the Superior Court of Clay County entered an order dismissing the motion to withdraw the pleas as untimely and denying an out-of-time appeal. Subsequently, and pursuant to Dupree's request, the superior court vacated the order and held an evidentiary hearing, in which Dupree and his former counsel, W. Douglas Hall, testified. Dupree sought relief based, inter alia, upon Hall's alleged ineffective assistance. On December 7, 2004, the superior court issued an order reinstating and incorporating its prior order of September 14, 2004.1
Dupree challenges the trial court's dismissal of his motion to withdraw his pleas.2 He contends that his attempt to withdraw his pleas is valid because Uniform Superior Court Rule 33.12(A)3 allows for the withdrawal of a guilty plea to correct a manifest injustice and does not provide a time frame for doing so; that the holding in Conlogue v. State, 243 Ga. 141, 253 S.E.2d 168 (1979), and its progeny, that the only prescribed means for challenging the entry of a guilty plea after the term of court at which the sentence was entered is through habeas corpus proceedings, is no longer valid; and that allowing him to withdraw his guilty pleas was required to correct a manifest injustice to him caused by Hall's bad advice as to the consequences of his pleas. But Dupree's contentions are wholly unavailing.
The superior court correctly dismissed Dupree's motion to withdraw his pleas because the motion was well out-of-term, and thus, clearly untimely. As this Court recently reaffirmed in Rubiani v. State, 279 Ga. 299, 612 S.E.2d 798 (2005),
It is well settled that when the term of court has expired in which a defendant was sentenced pursuant to a guilty plea, the trial...
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Brooks v. State
...court as the sentence entered on the guilty plea." Lay v. State, 289 Ga. 210, 212 (2), 710 S.E.2d 141 (2001) (citing Dupree v. State, 279 Ga. 613, 614, 619 S.E.2d 608 (2005) ; Rubiani v. State, 279 Ga. 299, 299, 612 S.E.2d 798 (2005) ). A trial court lacks jurisdiction to allow the withdraw......
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Lay v. the State.
...withdraw a guilty plea must be filed within the same term of court as the sentence entered on the guilty plea. See Dupree v. State, 279 Ga. 613, 614, 619 S.E.2d 608 (2005); Rubiani v. State, 279 Ga. 299, 299, 612 S.E.2d 798 (2005). We have held that, if a motion to withdraw a guilty plea is......
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...the withdrawal of appellant's guilty plea.2 See Brown v. State, 280 Ga. 658, 658, 631 S.E.2d 687 (2006). See also Dupree v. State, 279 Ga. 613, 619 S.E.2d 608 (2005). Accordingly, the trial court's denial of appellant's motion to withdraw his guilty plea and all other motions in which he so......
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Henderson v. State
...guilty plea, the trial court lacks jurisdiction to allow the withdrawal of the plea.’ " (citation omitted)); see also Dupree v. State, 279 Ga. 613, 619 S.E.2d 608 (2005) (rejecting the defendant's claim that manifest injustice from ineffective assistance of counsel permitted him to file a m......