Wells v. State

Supreme Court of Georgia

Wells v. State

570 S.E.2d 336, 275 Ga. 531, 2002 Fulton County D. Rep. 2816, 2002 Ga. LEXIS 866

CourtSupreme Court of Georgia

DecidedSeptember 30, 2002

DocketS02A1199

StatusPublished

This text of 570 S.E.2d 336 (Wells 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

Wells v. State, 570 S.E.2d 336, 275 Ga. 531, 2002 Fulton County D. Rep. 2816, 2002 Ga. LEXIS 866 (Ga. 2002).

Pincite

Opinion

Thompson, Justice.

On July 18,1994, Wells pled guilty in Bleckley County to murder and aggravated assault. Nearly eight years later, Wells moved to withdraw his plea, asserting he had received ineffective counsel because he was erroneously informed he would be paroled in seven years. The court denied Wells’ motion to withdraw his plea and Wells appeals, urging us to reverse on the ground that he was not afforded an evidentiary hearing or an opportunity to be heard in support of [532]*532his motion.

Decided September 30, 2002. Lawson Wells, Jr., pro se. Timothy G. Vaughn, District Attorney, Thurhert E. Baker, Attorney General, Adam M. Hames, Assistant Attorney General, for appellee.

This case is controlled by Davis v. State, 274 Ga. 865 (561 SE2d 119) (2002), in which we held that a trial court is without jurisdiction to entertain an untimely motion to withdraw a guilty plea. Wells’ motion, which was filed long after the term of court in which his plea was entered, was untimely and, therefore, did not invoke the jurisdiction of the lower court. Id. Accordingly, we find no error.

Judgment affirmed.

All the Justices concur.

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