Downs v. State, 509 S.E.2d 40 (Ga. 1998). · Go Syfert
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Downs v. State, 509 S.E.2d 40 (Ga. 1998). Cases Citing This Book View Copy Cite
“court's jurisdiction to consider a motion to withdraw a guilty plea ended with the . . . term of court in which the judgment of conviction was rendered, and . . . the motion must be dismissed”
40 citation events (38 in the last 25 years) across 3 distinct courts.
Strongest positive: Hill v. State (gactapp, 2002-08-20)
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (quoted) Hill v. State (2×) also: Cited "see"
Ga. Ct. App. · 2002 · signal: accord · quote attribution · 1 verbatim quote · confidence high
court's jurisdiction to consider a motion to withdraw a guilty plea ended with the . . . term of court in which the judgment of conviction was rendered, and . . . the motion must be dismissed
discussed Cited as authority (rule) Valerie Arroyo v. Joseph Colbert Jr.
Ga. Ct. App. · 2017 · confidence medium
See Debter v. Stephens, 297 Ga. 652, 652 ( 777 SE2d 244 ) (2015) (a motion for new trial is not a proper vehicle for challenging the grant of summary judgment); Downs v. State, 270 Ga. 310, 311 ( 509 SE2d 40 ) (1998) (one who has entered a guilty plea cannot move for new trial, as there was no trial); Gooding v. Boatright, 211 Ga. App. 221, 222 ( 438 SE2d 685 ) (1993) (objections that go to the judgment only, and do not extend to the verdict, cannot properly be made grounds of a motion for new trial).
discussed Cited as authority (rule) Rhone v. State (2×) also: Cited "see"
Ga. Ct. App. · 2011 · confidence medium
“It is well settled that when the term of court has expired in which a defendant was sentenced pursuant to a guilty pleat,] the trial court lacks jurisdiction to allow the withdrawal of the plea.” (Citation and punctuation omitted.) Davis v. State, 274 Ga. 865, 865 ( 561 SE2d 119 ) (2002). “[A]fter the expiration of the term . . . the only remedy available to the defendant for withdrawing a plea is through habeas corpus proceedings.” 1 (Citation and punctuation omitted.) Downs v. State, 270 Ga. 310, 310 ( 509 SE2d 40 ) (1998).
discussed Cited "see" Eric Wedlowe v. Cotton State Mortgage, Inc. (2×)
Ga. Ct. App. · 2016 · signal: see · confidence high
See Downs v. State, 270 Ga. 310 ( 509 SE2d 40 ) (1998) (one who has entered a guilty plea cannot move for new trial as there was no trial); see also Debter v. Stephens, 297 Ga. 652 ( 777 SE2d 244 ) (2015) (motion for new trial is not a proper vehicle for challenging the grant of summary judgment); Gooding v. Boatright, 211 Ga. App. 221, 222 (438 1 Wedlowe directed his appeal to the Supreme Court, which transferred the matter to this Court.
discussed Cited "see" State v. Turco (2×)
Tenn. · 2003 · signal: see · confidence high
See Downs v. State, 270 Ga. 310 , 509 S.E.2d 40, 41 (1998) (stating, "one who has entered a plea of guilty cannot move for a new trial, as there was no trial”).
discussed Cited "see" Fox v. State (2×)
Ga. Ct. App. · 1999 · signal: see · confidence high
(Citations and punctuation omitted.) Foskey v. State, 232 Ga. App. 303 ( 501 SE2d 856 ) (1998); see Downs v. State, 270 Ga. 310 ( 509 SE2d 40 ) (1998).
Retrieving the full opinion text from the archive…
Downs
v.
the State
S98A1631.
Supreme Court of Georgia.
Dec 4, 1998.
509 S.E.2d 40
Clarence N. Downs, pro se., Harry N. Gordon, District Attorney, Gerald W Brown, Assistant District Attorney, for appellee.
Hines.
Cited by 19 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: #19,482 of 633,719
Citer courts: Court of Appeals of Georgia (1)
Hines, Justice.

Downs pled guilty to malice murder on January 4, 1995. On May 4, 1998, seven terms of court later, he filed a document styled: “Petitioner Notice of Filing Motion for New Trial on Newly Discovered Evidence.” The superior court treated this pleading as a motion to withdraw the guilty plea and dismissed it for lack of jurisdiction because it was out of term. Downs appeals and we affirm.

Downs contends the court should not have treated his pleading as a motion to withdraw a guilty plea but as an extraordinary motion for new trial. One who has entered a plea of guilty cannot move for a new trial, as there was no trial. Lamons v. State, 170 Ga. App. 745 (318 SE2d 509) (1984). Thus, even had the court treated the pleading as Downs suggests, the motion was correctly dismissed. There was no error in treating the pleading’s substance as a motion to withdraw a guilty plea. See Stevens v. State, 169 Ga. App. 646 (314 SE2d 481) (1984).

So treated, the court correctly dismissed the motion. The court’s jurisdiction to consider a motion to withdraw a guilty plea ended with the September 1994 term of court in which the judgment of conviction was rendered, and without jurisdiction the motion must be dismissed. Foskey v. State, 232 Ga. App. 303, 304 (501 SE2d 856) (1998). “[I]t is well established that after 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.” (Punctuation omitted.) Id. at 303.

Judgment affirmed.

All the Justices concur. [*311] Harry N. Gordon, District Attorney, Gerald W Brown, Assistant District Attorney, for appellee.