Simsv.The State
Stacey Sims pleaded guilty to multiple murders and related offenses after the State withdrew its notice seeking the death penalty. Years later, he filed an out-of-time motion to withdraw the plea, alleging that the trial court had not advised him of constitutional rights and that counsel had been ineffective. The Supreme Court of Georgia affirmed dismissal for lack of jurisdiction. A motion to withdraw a guilty plea must be filed during the term in which sentence is imposed, and Sims did not allege that constitutionally deficient counsel prevented a timely filing. The passage of the sentencing term therefore deprived the trial court of authority to consider the motion.
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