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Stargell v. State

418 S.E.2d 372, 204 Ga. App. 45, 92 Fulton County D. Rep. 254, 1992 Ga. App. LEXIS 669
CourtCourt of Appeals of Georgia
DecidedApril 7, 1992
DocketA92A1208
StatusPublished
Cited by7 cases

This text of 418 S.E.2d 372 (Stargell 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
Stargell v. State, 418 S.E.2d 372, 204 Ga. App. 45, 92 Fulton County D. Rep. 254, 1992 Ga. App. LEXIS 669 (Ga. Ct. App. 1992).

Opinion

Sognier, Chief Judge.

In 1970, judgment was entered in the Superior Court of Fulton County on Elijah Stargell’s plea of guilty to nine counts of rape. In January 1992, while incarcerated at the Dodge Correctional Institution in Chester, Dodge County, Georgia, he filed in the Superior Court of Fulton County a pro se motion he denominated a “motion to withdraw guilty plea on federal constitutional grounds.” The Fulton County Superior Court denied his motion on the basis that it had no jurisdiction over the case. He appeals that decision to this court.

We affirm. The superior court’s jurisdiction to entertain a motion to withdraw the guilty plea ended after the term of court in which the judgment of conviction was rendered. Harden v. State, 177 Ga. App. 531 (339 SE2d 793) (1986). The motion cannot be considered a motion in arrest of judgment since it was not filed within the term the judgment was rendered, OCGA § 17-9-61 (b), nor can it be construed *46 as a petition for habeas corpus 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; Lacey v. State, 253 Ga. 711 (324 SE2d 471) (1985).

Decided April 7, 1992 Reconsideration denied April 22, 1992. Elijah Stargell, pro se. Lewis R. Slaton, District Attorney, Michael J. Bowers, Attorney General, for appellee.

Judgment affirmed.

McMurray, P. J., and Cooper, J., concur.

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Cite This Page — Counsel Stack

Bluebook (online)
418 S.E.2d 372, 204 Ga. App. 45, 92 Fulton County D. Rep. 254, 1992 Ga. App. LEXIS 669, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stargell-v-state-gactapp-1992.