“Both sorts of motions must be filed within the same term of court at which the guilty plea or judgment being challenged was entered.” Hagan v. State, 290 Ga. 353, 720 S.E.2d 645 (2012). Gholston's guilty plea and the resulting judgment were entered in January 2010, during the December 2009 term of court in Bibb County.
"'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 court lacks jurisdiction to allow the withdrawal of the plea.'" Rubiani v. State, 279 Ga. 299, 299 (612 SE2d 798) (2005); accord Hagan v. State, 290 Ga. 353, 353 (720 SE2d 645) (2012). Kerch's motion to withdraw was filed nearly 17 years after the entry of his guilty plea, well after the expiration of the term of court in which his plea was entered.
”This Court addressed a nearly identical issue in Hagan v. State, 290 Ga. 353, 720 S.E.2d 645 (2012). In that case, Hagan pled guilty in the March 2010 term of the Catoosa County Superior Court to, among other things, malice murder.
" ‘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 court lacks jurisdiction to allow the withdrawal of the plea.’ " Rubiani v. State , 279 Ga. 299, 299, 612 S.E.2d 798 (2005) ; accord Hagan v. State , 290 Ga. 353, 353, 720 S.E.2d 645 (2012). Kerch's motion to withdraw was filed nearly 17 years after the entry of his guilty plea, well after the expiration of the term of court in which his plea was entered.
[McGee's] motion was not filed within the same term at which his guilty plea and the resulting judgment were entered. Accordingly, we affirm the trial court's denial of [McGee's] motion.Hagan v. State , 290 Ga. 353, 353, 720 S.E.2d 645 (2012).Judgment affirmed.
However, a motion to withdraw a guilty plea “must be filed within the same term of court at which the guilty plea or judgment being challenged was entered.” See Hagan v. State, 290 Ga. 353, 353, 720 S.E.2d 645 (2012). “[A]fter the expiration of the term and of the time for filing an appeal from the conviction, the only remedy available to the defendant for withdrawing a plea is through habeas corpus proceedings.”
Construing Smith's pleading as a motion to withdraw her guilty plea or a motion in arrest of judgment is equally ineffectual because "[b]oth sorts of motions must be filed within the same term of court at which the guilty plea or judgment being challenged was entered." Hagan v. State, 290 Ga. 353, 353, 720 S.E.2d 645 (2012). Indeed, " ‘after the expiration of the term and of the time for filing an appeal from the conviction, the only remedy available to the defendant for withdrawing a plea is through habeas corpus proceedings.
The trial court denied the motion, and on appeal, this Court affirmed, holding that the motion was untimely. See Hagan v. State, 290 Ga. 353, 353, 720 S.E.2d 645 (2012). On March 13, 2013, Appellant filed a pro se motion for an out-of-time appeal, claiming that he told his plea counsel to file a direct appeal of his convictions but counsel failed to do so. Appellant amended the motion on July 15, 2013, and filed a pro se “motion for compliance” pursuant to OCGA § 15–6–21 on July 19, 2013.
Ward v. State , 311 Ga. App. 53, 714 S.E.2d 731 (2011). See also Wyatt v. State , 297 Ga. 679, 777 S.E.2d 476 (2015) ; Hagan v. State , 290 Ga. 353, 720 S.E.2d 645 (2012) ; Gholston v. State , 327 Ga. App. 790, 791, 761 S.E.2d 189 (2014). In this case, Merrick entered her plea of guilty on January 17, 2017, during the November 2016 term of court.