Nguyen v. State
This text of 621 S.E.2d 463 (Nguyen 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.
Opinion
An C. Nguyen appeals from an order of the trial court dismissing his motion to withdraw a guilty plea. We affirm.
In March 1998, Nguyen pled guilty to felony murder and was sentenced to life imprisonment; other counts of the indictment were nolle prossed. In June 2005, outside the term of court in which the plea was entered, Nguyen filed a motion to withdraw the plea, which the trial court dismissed. He appeals from that order.
The trial court’s authority to grant a motion to withdraw a guilty plea ends after the expiration of the term of court in which the plea was entered. Downs v. State, 270 Ga. 310 (509 SE2d 40) (1998). “It is well established that after the expiration of the term and of the time for filing an appeal from the conviction, the only remedy available to the defendant for withdrawing a plea is through habeas corpus proceedings. [Cit.]” (Punctuation omitted.) Id. It follows that the trial court properly dismissed Nguyen’s motion to withdraw his plea.
Judgment affirmed.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
621 S.E.2d 463, 279 Ga. 875, 2005 Fulton County D. Rep. 3213, 2005 Ga. LEXIS 728, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nguyen-v-state-ga-2005.