Ryan Andrew Mullinsv.The State
Ryan Andrew Mullins pleaded guilty to multiple child-sex offenses and received a sentence that was orally pronounced and signed on September 6, 2017. The written judgment was not filed with the clerk until October 9, during the next term of court. Mullins filed his motion to withdraw the guilty plea on October 20. The trial court dismissed the motion for lack of jurisdiction, reasoning that it was filed after the term in which the sentence was pronounced. The Court of Appeals reversed and remanded. Georgia law requires a motion to withdraw a guilty plea to be filed during the same term in which the sentence is entered. The court held that a judgment is entered when the signed written judgment is filed with the clerk, not when the sentence is orally pronounced or the document is signed. Because the written judgment was filed in the September term, Mullins’s motion was timely and the trial court had jurisdiction to consider its merits. The ruling distinguishes the pronouncement of sentence from entry of judgment and preserves a defendant’s opportunity to challenge a guilty plea within the proper term.
Loading published copy…

