Fox v. State

Court of Appeals of Georgia

Fox v. State

527 S.E.2d 216, 241 Ga. App. 399, 2000 Fulton County D. Rep. 387, 1999 Ga. App. LEXIS 1644

CourtCourt of Appeals of Georgia

DecidedDecember 10, 1999

DocketA99A1847

StatusPublished

Cited by3 cases

This text of 527 S.E.2d 216 (Fox 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

Fox v. State, 527 S.E.2d 216, 241 Ga. App. 399, 2000 Fulton County D. Rep. 387, 1999 Ga. App. LEXIS 1644 (Ga. Ct. App. 1999).

Pincite

Opinion

Miller, Judge.

Stephen Fox pled guilty to two counts of robbery by intimidation and was sentenced by Chatham County Superior Court in February 1998. In April 1999 he moved the court to withdraw his guilty plea and to amend his sentence. The court dismissed both motions on the grounds that they were filed outside the term of court in which sentence was entered. Despite acknowledging that controlling authority mandated the dismissal of his motions, Fox contends the court erred. We disagree and affirm.

Fox clearly filed the motions outside the term in which the court imposed sentence.* ¹ “The superior court’s jurisdiction to entertain a motion to withdraw a guilty plea ends after the term of court in which the judgment of conviction was rendered.”² Similarly, “[a] trial court is without jurisdiction to modify a sentence after the expiration of the term of court during which the sentence was entered.”³ As [400]*400there is no contention that the sentence was void,⁴ the trial court did not err in dismissing both motions.

Decided December 10, 1999. C. Jackson Burch, for appellant. Spencer Lawton, Jr., District Attorney, for appellee.

Judgment affirmed.

Pope, P. J., and Smith, J., concur.

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Miller, Judge.

Stephen Fox pled guilty to two counts of robbery by intimidation and was sentenced by Chatham County Superior Court in February 1998. In April 1999 he moved the court to withdraw his guilty plea and to amend his sentence. The court dismissed both motions on the grounds that they were filed outside the term of court in which sentence was entered. Despite acknowledging that controlling authority mandated the dismissal of his motions, Fox contends the court erred. We disagree and affirm.

Fox clearly filed the motions outside the term in which the court imposed sentence.* ¹ “The superior court’s jurisdiction to entertain a motion to withdraw a guilty plea ends after the term of court in which the judgment of conviction was rendered.”² Similarly, “[a] trial court is without jurisdiction to modify a sentence after the expiration of the term of court during which the sentence was entered.”³ As [400]*400there is no contention that the sentence was void,⁴ the trial court did not err in dismissing both motions.

Decided December 10, 1999. C. Jackson Burch, for appellant. Spencer Lawton, Jr., District Attorney, for appellee.

Judgment affirmed.

Pope, P. J., and Smith, J., concur.

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Bluebook (online)

527 S.E.2d 216, 241 Ga. App. 399, 2000 Fulton County D. Rep. 387, 1999 Ga. App. LEXIS 1644, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fox-v-state-gactapp-1999.

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