Wilson v. State

Full title: WILSON v. THE STATE

Court: Court of Appeals of Georgia

Date published: Sep 15, 2000

539 S.E.2d 539 (Ga. Ct. App. 2000)

246 Ga. App. 30

Opinion

A00A2094.

DECIDED: SEPTEMBER 15, 2000

Guilty plea; motion to withdraw. Fulton Superior Court. Before Judge Lane.

Donald P. Wilson, pro se.

Paul L. Howard, Jr., District Attorney, Bettianne C. Hart, Assistant District Attorney, for appellee.

ELDRIDGE, Judge.

Donald Paul Wilson appeals from a Fulton County Superior Court's order dismissing his motion to withdraw his guilty plea to the offense of theft by taking.¹ However, we find no error. The superior court no longer had jurisdiction to consider Wilson's motion to withdraw because the term of court in which the judgment of conviction was entered had expired.² Aikens v. State, 241 Ga. App. 816, 817 (S.E.2d) (2000). Wilson's remedy for any error with regard to the entry of his guilty plea is through Writ of Habeas Corpus.³ Judgment affirmed. Blackburn, P.J., and Barnes, J., concur.

1 Wilson's prior jury trial conviction for the same offense was reversed by this Court because there was no indication in the record that Wilson had knowingly and voluntarily waived his right to an attorney on the trial of the case. Wilson v. State, 230 Ga. App. 74 ( 495 S.E.2d 330) (1997). Upon remand, Wilson pled guilty to the offense.

2 Wilson, who is proceeding pro se, entered his guilty plea in January of 1998. He filed the instant "Motion For New Trial Out-of-Time Plea Withdrawal Motion to Dismiss Rule Nisi" in September of 1999.

3 Wilson has already filed a petition for Writ of Habeas Corpus, Wilson v. Chapman, Civil Action No. 99CV35198, in Baldwin County where he is incarcerated, which action is apparently still pending on the merits.

ELDRIDGE, Judge.

DECIDED SEPTEMBER 15, 2000.