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Lacey v. State

324 S.E.2d 471, 253 Ga. 711, 1985 Ga. LEXIS 542
CourtSupreme Court of Georgia
DecidedJanuary 9, 1985
Docket41563
StatusPublished
Cited by28 cases

This text of 324 S.E.2d 471 (Lacey 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
Lacey v. State, 324 S.E.2d 471, 253 Ga. 711, 1985 Ga. LEXIS 542 (Ga. 1985).

Opinion

Hill, Chief Justice.

David Lacey pled guilty in Bibb County in 1981 to the murder of Riley Rainey and to the aggravated assault of Estelle Sanders. He received a life sentence for the murder and a concurrent ten-year sentence for the aggravated assault which he is serving in Baldwin County. In June 1984, he filed in Bibb Superior Court an “Extraordinary Motion to Set Aside Final Judgment” challenging his indictment and guilty plea on various legal grounds. The trial court denied relief and he appeals.

It has been held many times that a motion to set aside a judgment is inappropriate in a criminal case. E.g., Crane v. State, 249 Ga. 501 (292 SE2d 67) (1982); Waye v. State, 239 Ga. 871, 874 (238 SE2d 923) (1977). While motions in arrest of judgment may be filed in criminal cases, they must be filed within the term the judgment was rendered, OCGA § 17-9-61 (b), not, as here, three years later. Nor are we able to construe his motion as a petition for habeas corpus, see Sims v. State, 230 Ga. 589, 590 (198 SE2d 298) (‡973), because it was filed in the county in which he was convicted, rather than against the warden in the county in which he is incarcerated. OCGA §§ 9-14-43, 9-14-45.

Therefore, the trial court did not err in denying relief.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)
324 S.E.2d 471, 253 Ga. 711, 1985 Ga. LEXIS 542, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lacey-v-state-ga-1985.