Hagan v. State, 720 S.E.2d 645 (Ga. 2012). · Go Syfert
Hagan v. State, 720 S.E.2d 645 (Ga. 2012). Cases Citing This Book View Copy Cite
27 citation events (27 in the last 25 years) across 2 distinct courts.
Strongest positive: McGEE v. State (ga, 2017-05-15)
Treatment trajectory · 2014 → 2026 · click a year to view as-of
2014 2020 2026
Top citers, strongest first. 9 distinct citers. How cited ↗
cited Cited as authority (rule) McGEE v. State
Ga. · 2017 · confidence medium
Hagan v. State, 290 Ga. 353, 353 ( 720 SE2d 645 ) (2012).
cited Cited as authority (rule) McGee v. State
Ga. · 2017 · confidence medium
Hagan v. State, 290 Ga. 353, 353 ( 720 SE2d 645 ) (2012).
discussed Cited as authority (rule) Leslie v. State
Ga. · 2016 · confidence medium
However, a motion to withdraw a guilty plea “must be filed within the same term of court at which the guilty plea or judgment being challenged was entered.” See Hagan v. State, 290 Ga. 353, 353 ( 720 SE2d 645 ) (2012). “[A]fter the expiration of the term and of the time for filing an appeal from the conviction, the only remedy available to the defendant for withdrawing a plea is through habeas corpus proceedings.” (Citations and punctuation omitted.) Harris v. State, 278 Ga. 805, 807 (2) ( 606 SE2d 248 ) (2004).
discussed Cited as authority (rule) Smith v. State
Ga. · 2016 · confidence medium
Construing Smith’s pleading as a motion to withdraw her guilty plea or a motion in arrest of judgment is equally ineffectual because “[b]oth sorts of motions must *488 be filed within the same term of court at which the guilty plea or judgment being challenged was entered.” Hagan v. State, 290 Ga. 353, 353 ( 720 SE2d 645 ) (2012).
discussed Cited "see" Kerch v. State (2×)
Ga. · 2017 · signal: accord · confidence high
We affirm. “‘It is well settled that when the term of court has expired in which a defendant was sentenced pursuant to a guilty plea, the trial court lacks jurisdiction to allow the withdrawal of the plea.’” (Citation omitted.) Rubiani v. State, 279 Ga. 299, 299 ( 612 SE2d 798 ) (2005); accord Hagan v. State, 290 Ga. 353, 353 ( 720 SE2d 645 ) (2012).
discussed Cited "see" Kerch v. State (2×)
Ga. · 2017 · signal: accord · confidence high
We affirm. “ ‘It is well settled that when the term of court has expired in which a defendant was sentenced pursuant to a guilty plea, the trial court lacks jurisdiction to allow the withdrawal of the plea.’ ” (Citation omitted.) Rubiani v. State, 279 Ga. 299, 299 ( 612 SE2d 798 ) (2005); accord Hagan v. State, 290 Ga. 353, 353 ( 720 SE2d 645 ) (2012).
discussed Cited "see" Deante Gholston v. State (2×)
Ga. Ct. App. · 2014 · signal: see · confidence high
See Hagan, 290 Ga. at 353 .
discussed Cited "see" Gholston v. State (2×)
Ga. Ct. App. · 2014 · signal: see · confidence high
See Hagan, 290 Ga. at 353 .
discussed Cited "see" Hagan v. State (2×)
Ga. · 2014 · signal: see · confidence high
See Hagan v. State, 290 Ga. 353, 353 ( 720 SE2d 645 ) (2012).
Retrieving the full opinion text from the archive…
HAGAN
v.
State
S11A1971.
Supreme Court of Georgia.
Jan 9, 2012.
720 S.E.2d 645
2012 Ga. LEXIS 23
Terry Hagan, pro se., Herbert E. Franklin, Jr., District Attorney, Alan C. Norton, Assistant District Attorney, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, for appellee.
Nahmias.
Cited by 11 opinions  |  Published
NAHMIAS, Justice.

Appellant Terry Hagan appeals from the trial court’s denial of what he styled “An Extraordinary Motion to Withdraw Guilty Plea.” We affirm.

On March 9, 2010, during the March 2010 term of the Catoosa County Superior Court,[1] Appellant, who was represented by counsel, pled guilty to the malice murder of one person and the criminal attempt to murder another person and was sentenced to life plus 30 years in prison. Appellant filed his “Extraordinary Motion to Withdraw Guilty Plea” on June 13, 2011, which was during the March 2011 term of court. He contended that the judgment of conviction was void because the indictment failed to allege venue. The trial court denied the motion as untimely and on the merits.

We need not decide the merits, because Appellant’s motion was untimely, whether considered as a motion to withdraw his guilty plea or as a motion in arrest of judgment. Both sorts of motions must be filed within the same term of court at which the guilty plea or judgment being challenged was entered. See Rubiani v. State, 279 Ga. 299, 299 (612 SE2d 798) (2005) (“ ‘[Wjhen the term of court has expired in which a defendant was sentenced pursuant to a guilty plea, the trial court lacks jurisdiction to allow the withdrawal of the plea.’ ” (citation omitted)); OCGA § 17-9-61 (b) (“Amotion in arrest of judgment must be made during the term at which the judgment was obtained.”); Lay v. State, 289 Ga. 210, 211 (710 SE2d 141) (2011) (same). Appellant’s motion was not filed within the same term at which his guilty plea and the resulting judgment were entered. Accordingly, we affirm the trial court’s denial of Appellant’s motion.

Judgment affirmed.

All the Justices concur.
1

The terms for the Catoosa Superior Court begin each year on the “First Monday in March and second Monday in September.” OCGA § 15-6-3 (22) (A).