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Hering v. State

Court of Appeals of Georgia
May 9, 1990
394 S.E.2d 389 (Ga. Ct. App. 1990)

Opinion

A90A0504.

DECIDED MAY 9, 1990.

Motion to withdraw plea. Cobb State Court. Before Judge Carlisle.

Alan C. Manheim, B. Clark Jones, for appellant.

Keith L. Hering, pro se. Patrick H. Head, Solicitor, Beverly M. Hartung, Cinci L. Feelon, Assistant Solicitors, for appellee.


On March 16, 1989, defendant Hering was sentenced after entering a plea of nolo contendere to a charge of driving under the influence of alcohol and pleading guilty to charges of following too closely and failure to give information and render aid. On September 25, 1989, defendant filed his motion to withdraw plea and vacate sentence. This appeal is from the denial of that motion. Held:

The State Court of Cobb County has terms of two months duration. Ga. L. 1979, pp. 3481, 3483. "`Even after sentencing, the trial court has the discretion to allow the withdrawal of the plea prior to the expiration of the term of court in which the sentence was entered. State v. Kight, 175 Ga. App. 65 ( 332 S.E.2d 363) (1985). However, after the expiration of that term and of the time for filing an appeal from the conviction, the only remedy available to the defendant would be through habeas corpus proceedings. Id. The denial of the motion filed by the appellant in the present case must accordingly be affirmed.' Staley v. State, 184 Ga. App. 402 ( 361 S.E.2d 702)." Lowery v. State 188 Ga. App. 411 ( 373 S.E.2d 261).

Judgment affirmed. Carley, C. J., and Sognier, J., concur.

DECIDED MAY 9, 1990.


Summaries of

Hering v. State

Court of Appeals of Georgia
May 9, 1990
394 S.E.2d 389 (Ga. Ct. App. 1990)
Case details for

Hering v. State

Case Details

Full title:HERING v. THE STATE

Court:Court of Appeals of Georgia

Date published: May 9, 1990

Citations

394 S.E.2d 389 (Ga. Ct. App. 1990)
394 S.E.2d 389