From Casetext: Smarter Legal Research

Harden v. State

Court of Appeals of Georgia
Jan 22, 1986
339 S.E.2d 793 (Ga. Ct. App. 1986)

Opinion

71700.

DECIDED JANUARY 22, 1986.

D. U. I. Atlanta City Court. Before Judge Browne.

Eric N. Welch, for appellant.

Louise T. Norwood, Solicitor, W. Kenneth London, for appellee.


In September of 1980, the appellant pled guilty in the "City Court of Atlanta" to the misdemeanor offense of driving under the influence of alcohol. In January of 1985, he moved that the conviction and sentence be vacated and set aside, submitting, in support of the motion, his affidavit to the effect that he is illiterate, that he did not have a lawyer when he pled guilty, and that he did not understand what the judge said to him. This appeal is from the denial of that motion. Held:

The appellant's motion was properly denied, the trial court's jurisdiction to entertain a motion to withdraw the guilty plea having ended after the term of court in which the judgment of conviction was rendered. "[T]he only prescribed means for the appellant in this case to challenge the validity of his guilty plea on the ground alleged was through habeas corpus proceedings." Conlogue v. State, 243 Ga. 141, 144 ( 253 S.E.2d 168) (1979). See also Grant v. State, 159 Ga. App. 2 ( 282 S.E.2d 668) (1981).

Judgment affirmed. Birdsong, P. J., and Sognier, J., concur.


DECIDED JANUARY 22, 1986.


Summaries of

Harden v. State

Court of Appeals of Georgia
Jan 22, 1986
339 S.E.2d 793 (Ga. Ct. App. 1986)
Case details for

Harden v. State

Case Details

Full title:HARDEN v. THE STATE

Court:Court of Appeals of Georgia

Date published: Jan 22, 1986

Citations

339 S.E.2d 793 (Ga. Ct. App. 1986)
177 Ga. App. 531

Citing Cases

Worle v. State

"The superior court's jurisdiction to entertain a motion to withdraw the guilty plea ended after the term of…

Stuckey v. State

1. "The superior court's jurisdiction to entertain a motion to withdraw the guilty plea ended after the term…