Cabell v. State

Court of Appeals of Georgia

Cabell v. State

471 S.E.2d 222, 221 Ga. App. 192, 96 Fulton County D. Rep. 1561, 1996 Ga. App. LEXIS 354

CourtCourt of Appeals of Georgia

DecidedMarch 25, 1996

DocketA96A0710

StatusPublished

Cited by6 cases

This text of 471 S.E.2d 222 (Cabell v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cabell v. State, 471 S.E.2d 222, 221 Ga. App. 192, 96 Fulton County D. Rep. 1561, 1996 Ga. App. LEXIS 354 (Ga. Ct. App. 1996).

Pincite

Opinion

Judge Harold R. Banke.

Stephen Douglas Cabell pleaded guilty to possession of cocaine with intent to distribute and the court pronounced judgment and imposed sentence. In June 1995, four terms later, Cabell moved to withdraw his plea. The superior court denied the motion, and this appeal ensued. Held-.

A superior court’s jurisdiction to consider a motion to withdraw a guilty plea ends after the term of court in which the judgment of conviction is rendered. Stuckey v. State, 204 Ga. App. 793, 794 (1) (420 SE2d 655) (1992). The judgment in the instant case was pronounced during the September 1994 term of court and the motion to withdraw was filed during the May 1995 term. OCGA § 15-6-3 (20). Because the court lacked jurisdiction to consider the substantive issues Cabell raised in his motion, the order appealed from is a nullity. OCGA § 17-9-4; see State v. Mohamed, 203 Ga. App. 21 (2) (416 SE2d 358) (1992); compare Stargell v. State, 204 Ga. App. 45 (418 SE2d 372) (1992) (affirming denial of motion to withdraw guilty plea for lack of jurisdiction). The motion cannot be construed as a motion in arrest of judgment because it was not filed during the term the judgment was obtained. OCGA § 17-9-61 (b). Nor can it be considered a habeas petition because Cabell filed it in the county of his conviction rather than against his warden in the county where he is incarcerated. Stargell, 204 Ga. App. at 45; see Jarrett v. State, 217 Ga. App. 627, 628 (1) (458 SE2d 414) (1995). Because the order denying Cabell’s motion is void, the trial court is directed to strike it from the record and dismiss this action for lack of jurisdiction. See State v. James, 211 Ga. App. 149, 150 (438 SE2d 399) (1993).

Judgment vacated and case remanded with direction.

Beasley, C. J., and Birdsong, P. J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Judge Harold R. Banke.

Stephen Douglas Cabell pleaded guilty to possession of cocaine with intent to distribute and the court pronounced judgment and imposed sentence. In June 1995, four terms later, Cabell moved to withdraw his plea. The superior court denied the motion, and this appeal ensued. Held-.

A superior court’s jurisdiction to consider a motion to withdraw a guilty plea ends after the term of court in which the judgment of conviction is rendered. Stuckey v. State, 204 Ga. App. 793, 794 (1) (420 SE2d 655) (1992). The judgment in the instant case was pronounced during the September 1994 term of court and the motion to withdraw was filed during the May 1995 term. OCGA § 15-6-3 (20). Because the court lacked jurisdiction to consider the substantive issues Cabell raised in his motion, the order appealed from is a nullity. OCGA § 17-9-4; see State v. Mohamed, 203 Ga. App. 21 (2) (416 SE2d 358) (1992); compare Stargell v. State, 204 Ga. App. 45 (418 SE2d 372) (1992) (affirming denial of motion to withdraw guilty plea for lack of jurisdiction). The motion cannot be construed as a motion in arrest of judgment because it was not filed during the term the judgment was obtained. OCGA § 17-9-61 (b). Nor can it be considered a habeas petition because Cabell filed it in the county of his conviction rather than against his warden in the county where he is incarcerated. Stargell, 204 Ga. App. at 45; see Jarrett v. State, 217 Ga. App. 627, 628 (1) (458 SE2d 414) (1995). Because the order denying Cabell’s motion is void, the trial court is directed to strike it from the record and dismiss this action for lack of jurisdiction. See State v. James, 211 Ga. App. 149, 150 (438 SE2d 399) (1993).

Judgment vacated and case remanded with direction.

Beasley, C. J., and Birdsong, P. J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

471 S.E.2d 222, 221 Ga. App. 192, 96 Fulton County D. Rep. 1561, 1996 Ga. App. LEXIS 354, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cabell-v-state-gactapp-1996.

Opinion

Related

Cite This Page — Counsel Stack