Grice v. State

Court of Appeals of Georgia

Grice v. State

511 S.E.2d 909, 236 Ga. App. 379, 99 Fulton County D. Rep. 807, 1999 Ga. App. LEXIS 166

CourtCourt of Appeals of Georgia

DecidedFebruary 9, 1999

DocketA99A0353

StatusPublished

Cited by2 cases

This text of 511 S.E.2d 909 (Grice 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.

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Grice v. State, 511 S.E.2d 909, 236 Ga. App. 379, 99 Fulton County D. Rep. 807, 1999 Ga. App. LEXIS 166 (Ga. Ct. App. 1999).

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Opinion

Eldridge, Judge.

On May 15, 1998, defendant-appellant Gerald Grice¹ filed a motion challenging the validity of a guilty plea entered on a 1990 shoplifting charge, Case No. 90C-71111. The State Court of DeKalb [380]*380County denied such motion on September 3,1998, and Grice appeals.

Decided February 9, 1999. Gerald Grice, pro se. Ralph T. Bowden, Jr., Solicitor, for appellee.

“OCGA § 17-7-93 (b) permits a defendant to withdraw a guilty plea as a matter of right before sentence is pronounced. 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. 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” in the county in which the defendant is incarcerated.² (Citation omitted.) Staley v. State, 184 Ga. App. 402 (361 SE2d 702) (1987). See also Cook v. State, 230 Ga. App. 507 (496 SE2d 785) (1998); Agerton v. State, 191 Ga. App. 633 (382 SE2d 417) (1989); State v. Kight, 175 Ga. App. 65, 66 (1) (332 SE2d 363) (1985).

In its order, the trial court correctly found that it lacked jurisdiction to address the merits of Grice’s motion. Accordingly, the trial court’s order is affirmed.

Judgment affirmed.

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

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Eldridge, Judge.

On May 15, 1998, defendant-appellant Gerald Grice¹ filed a motion challenging the validity of a guilty plea entered on a 1990 shoplifting charge, Case No. 90C-71111. The State Court of DeKalb [380]*380County denied such motion on September 3,1998, and Grice appeals.

Decided February 9, 1999. Gerald Grice, pro se. Ralph T. Bowden, Jr., Solicitor, for appellee.

“OCGA § 17-7-93 (b) permits a defendant to withdraw a guilty plea as a matter of right before sentence is pronounced. 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. 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” in the county in which the defendant is incarcerated.² (Citation omitted.) Staley v. State, 184 Ga. App. 402 (361 SE2d 702) (1987). See also Cook v. State, 230 Ga. App. 507 (496 SE2d 785) (1998); Agerton v. State, 191 Ga. App. 633 (382 SE2d 417) (1989); State v. Kight, 175 Ga. App. 65, 66 (1) (332 SE2d 363) (1985).

In its order, the trial court correctly found that it lacked jurisdiction to address the merits of Grice’s motion. Accordingly, the trial court’s order is affirmed.

Judgment affirmed.

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

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Bluebook (online)

511 S.E.2d 909, 236 Ga. App. 379, 99 Fulton County D. Rep. 807, 1999 Ga. App. LEXIS 166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grice-v-state-gactapp-1999.

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