Harden v. State

Court of Appeals of Georgia

Harden v. State

339 S.E.2d 793, 177 Ga. App. 531, 1986 Ga. App. LEXIS 1451

CourtCourt of Appeals of Georgia

DecidedJanuary 22, 1986

Docket71700

StatusPublished

Cited by4 cases

This text of 339 S.E.2d 793 (Harden 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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Harden v. State, 339 S.E.2d 793, 177 Ga. App. 531, 1986 Ga. App. LEXIS 1451 (Ga. Ct. App. 1986).

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Opinion

Banke, Chief Judge.

In September of 1980, the appellant pled guilty in the “City Court of Atlanta” to the misdemeanor offense of driving under the influence of alcohol. In January of 1985, he moved that the conviction and sentence be vacated and set aside, submitting, in support of the motion, his affidavit to the effect that he is illiterate, that he did not have a lawyer when he pled guilty, and that he did not understand what the judge said to him. This appeal is from the denial of that motion. Held:

The appellant’s motion was properly denied, the trial court’s jurisdiction to entertain a motion to withdraw the guilty plea having ended after the term of court in which the judgment of conviction was rendered. “[T]he only prescribed means for the appellant in this case to challenge the validity of his guilty plea on the ground alleged was through habeas corpus proceedings.” Conlogue v. State, 243 Ga. 141, 144 (253 SE2d 168) (1979). See also Grant v. State, 159 Ga. App. 2 (282 SE2d 668) (1981).

Judgment affirmed.

Birdsong, P. J., and Sognier, J., concur.

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Banke, Chief Judge.

In September of 1980, the appellant pled guilty in the “City Court of Atlanta” to the misdemeanor offense of driving under the influence of alcohol. In January of 1985, he moved that the conviction and sentence be vacated and set aside, submitting, in support of the motion, his affidavit to the effect that he is illiterate, that he did not have a lawyer when he pled guilty, and that he did not understand what the judge said to him. This appeal is from the denial of that motion. Held:

The appellant’s motion was properly denied, the trial court’s jurisdiction to entertain a motion to withdraw the guilty plea having ended after the term of court in which the judgment of conviction was rendered. “[T]he only prescribed means for the appellant in this case to challenge the validity of his guilty plea on the ground alleged was through habeas corpus proceedings.” Conlogue v. State, 243 Ga. 141, 144 (253 SE2d 168) (1979). See also Grant v. State, 159 Ga. App. 2 (282 SE2d 668) (1981).

Judgment affirmed.

Birdsong, P. J., and Sognier, J., concur.

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Bluebook (online)

339 S.E.2d 793, 177 Ga. App. 531, 1986 Ga. App. LEXIS 1451, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harden-v-state-gactapp-1986.

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