Worle v. State

Court of Appeals of Georgia

Worle v. State

489 S.E.2d 374, 227 Ga. App. 575, 97 Fulton County D. Rep. 2993, 1997 Ga. App. LEXIS 963

CourtCourt of Appeals of Georgia

DecidedJuly 24, 1997

DocketA97A1599

StatusPublished

Cited by3 cases

This text of 489 S.E.2d 374 (Worle 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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Worle v. State, 489 S.E.2d 374, 227 Ga. App. 575, 97 Fulton County D. Rep. 2993, 1997 Ga. App. LEXIS 963 (Ga. Ct. App. 1997).

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Opinion

Blackburn, Judge.

Charles Anthony Worle appeals the trial court’s denial of his extraordinary motion to withdraw his guilty plea. As the trial court was without jurisdiction to entertain such a motion, we affirm its denial of the motion.

The record reveals that Worle pled guilty to aggravated sodomy, rape, kidnapping with bodily injury, and two counts of armed robbery. Worle was sentenced on February 12, 1992, to serve a life sentence on the kidnapping with bodily injury charge and to serve 20 years on each additional count to be served concurrent with the life sentence. On January 2, 1997, Worle filed his extraordinary motion to withdraw his guilty plea.

“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). Stargell v. State, 204 Ga. App. 45 (418 SE2d 372) [(1992)].” (Punctuation omitted.) Stuckey v. State, 204 Ga. App. 793, 794 (1) (420 SE2d 655) (1992). “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 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).” Stargell, supra at 45-46.

In the present case, Worle’s extraordinary motion to withdraw his guilty plea was made outside the term of court in which the judgment of conviction was rendered. Therefore, we affirm the denial of defendant’s motion to withdraw his guilty plea.

Judgment affirmed.

Pope, P. J., and Johnson, J., concur. *576 Paul L. Howard, Jr., District Attorney, Cassandra J. Cook, Juliette O. W. Scales, Assistant District Attorneys, for appellee.

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Blackburn, Judge.

Charles Anthony Worle appeals the trial court’s denial of his extraordinary motion to withdraw his guilty plea. As the trial court was without jurisdiction to entertain such a motion, we affirm its denial of the motion.

The record reveals that Worle pled guilty to aggravated sodomy, rape, kidnapping with bodily injury, and two counts of armed robbery. Worle was sentenced on February 12, 1992, to serve a life sentence on the kidnapping with bodily injury charge and to serve 20 years on each additional count to be served concurrent with the life sentence. On January 2, 1997, Worle filed his extraordinary motion to withdraw his guilty plea.

“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). Stargell v. State, 204 Ga. App. 45 (418 SE2d 372) [(1992)].” (Punctuation omitted.) Stuckey v. State, 204 Ga. App. 793, 794 (1) (420 SE2d 655) (1992). “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 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).” Stargell, supra at 45-46.

In the present case, Worle’s extraordinary motion to withdraw his guilty plea was made outside the term of court in which the judgment of conviction was rendered. Therefore, we affirm the denial of defendant’s motion to withdraw his guilty plea.

Judgment affirmed.

Pope, P. J., and Johnson, J., concur. *576 Paul L. Howard, Jr., District Attorney, Cassandra J. Cook, Juliette O. W. Scales, Assistant District Attorneys, for appellee.

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489 S.E.2d 374, 227 Ga. App. 575, 97 Fulton County D. Rep. 2993, 1997 Ga. App. LEXIS 963, Counsel Stack Legal Research, https://law.counselstack.com/opinion/worle-v-state-gactapp-1997.

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