Harveyv.The State
CourtSupreme Court of Georgia
Docket No.S22A1083
DecidedDecember 20, 2022
Reporter315 Ga. 395
JudgesSupreme Court of Georgia
Tags
CriminalCriminal ProcedurePost-Conviction ReliefAppellate ProcedureVacaturRemandSentencing
Case Summary
Holly Harvey challenged an order denying her motion for an out-of-time appeal, denying her request to modify her sentences, and dismissing her motion to withdraw guilty pleas. The Supreme Court of Georgia held that the motion to withdraw the pleas was untimely and that dismissal, rather than denial, was the proper disposition of the other motions under the governing post-conviction rules. The Court vacated the portion of the trial court’s order denying the out-of-time-appeal and sentence-modification motions and remanded with direction for entry of the appropriate dismissal orders. The Court left the dismissal of the untimely plea-withdrawal motion intact.
Opinion
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