Orr v. State, S02A0063.
| Decision Date | 28 March 2002 |
| Docket Number | No. S02A0063.,S02A0063. |
| Citation | 275 Ga. 141,562 S.E.2d 498 |
| Parties | ORR v. The STATE. |
| Court | Georgia Supreme Court |
OPINION TEXT STARTS HERE
Robert L. Orr, pro se.
Thurbert E. Baker, Atty. Gen., for appellee.
Robert L. Orr pled guilty to malice murder and armed robbery in Whitfield County Superior Court in 1993. In 2001, he filed a motion in arrest of judgment in Whitfield County claiming that his guilty plea was not intelligently and voluntarily made. The trial court denied the motion as untimely. Because OCGA § 17-9-61(b) requires that a motion in arrest of judgment be made during the term in which the judgment was obtained, and Orr filed the motion outside the term, the trial court correctly denied the motion as untimely. Orr's remedy to challenge the voluntariness of his guilty plea lies in habeas corpus, OCGA §§ 9-14-40 to 9-14-53.
Judgment affirmed.
All the Justices concur.
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...judgment is normally directly appealable to whichever appellate court has subject matter jurisdiction over the case. See Orr v. State, 275 Ga. 141, 562 S.E.2d 498 (2002). Lay's motion, however, was extremely untimely, as it was filed in August 2010, many terms of court past the term in whic......
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Smith v. State, A03A0939.
...outside the term in which the judgment of conviction was entered and was therefore untimely under OCGA § 17-9-61(b). See Orr v. State, 275 Ga. 141, 562 S.E.2d 498 (2002). As such, it was null and void and did not toll the time for filing an appeal from Smith's judgment of conviction. Cf. Po......
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...are void and must be reversed."). 11. Jones v. State, 240 Ga.App. 484, 486, 523 S.E.2d 73 (1999). 12. OCGA § 17-9-61(b); Orr v. State, 275 Ga. 141, 562 S.E.2d 498 (2002). 13. (Citation, punctuation, footnote and emphasis omitted.) Parks v. State, 246 Ga.App. 888, 889, 543 S.E.2d 39 14. OCGA......