Boone v. State

Supreme Court of Georgia

Boone v. State

644 S.E.2d 136, 281 Ga. 887, 2007 Fulton County D. Rep. 1377, 2007 Ga. LEXIS 304

CourtSupreme Court of Georgia

DecidedApril 24, 2007

DocketS07A0448

StatusPublished

Cited by2 cases

This text of 644 S.E.2d 136 (Boone v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Boone v. State, 644 S.E.2d 136, 281 Ga. 887, 2007 Fulton County D. Rep. 1377, 2007 Ga. LEXIS 304 (Ga. 2007).

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Opinion

SEARS, Chief Justice.

In 2001, Verdice Boone pled guilty in Polk County to felony murder, aggravated battery, and arson. He received a life sentence for felony murder and a concurrent 20-year sentence for the arson offense. In 2006, Boone filed a motion to withdraw his guilty plea. “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. [Boone’s] only available means to withdraw his guilty plea is through habeas corpus proceedings.” 1 Accordingly, the trial court properly denied Boone’s motion to withdraw his guilty plea. 2

Judgment affirmed.

All the Justices concur.

1

Henry v. State, 269 Ga. 851, 853 (507 SE2d 419) (1998) (citations omitted).

2

Rubiani v. State, 279 Ga. 299 (612 SE2d 798) (2005).

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SEARS, Chief Justice.

In 2001, Verdice Boone pled guilty in Polk County to felony murder, aggravated battery, and arson. He received a life sentence for felony murder and a concurrent 20-year sentence for the arson offense. In 2006, Boone filed a motion to withdraw his guilty plea. “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. [Boone’s] only available means to withdraw his guilty plea is through habeas corpus proceedings.” 1 Accordingly, the trial court properly denied Boone’s motion to withdraw his guilty plea. 2

Judgment affirmed.

All the Justices concur.

1

Henry v. State, 269 Ga. 851, 853 (507 SE2d 419) (1998) (citations omitted).

2

Rubiani v. State, 279 Ga. 299 (612 SE2d 798) (2005).

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Bluebook (online)

644 S.E.2d 136, 281 Ga. 887, 2007 Fulton County D. Rep. 1377, 2007 Ga. LEXIS 304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boone-v-state-ga-2007.

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