” Lewis, supra.Īppellant contends that at the time he filed his motion seeking to withdraw guilty pleas, he was unaware that the superior court lacked jurisdiction to grant such relief, that this was an honest mistake on his part, and that the State is abusing his rights by arguing against this motion. 184, 441 S.E.2d 507.įurthermore, “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. For general procedural considerations, see Bice v. “The superior court's jurisdiction to entertain a motion to withdraw a guilty plea ends after the term of court in which the judgment of conviction was rendered.” Lewis v.
#Jeff fosky ga trial#
The trial court denied it and Foskey's motion for reconsideration. The motion sought to withdraw his guilty pleas. On August 4, 1997, Foskey filed a motion entitled “Out of Time Appeal” in Coffee County Superior Court. On July 23, 1993, Marshall Foskey pled guilty to 18 counts of burglary in Coffee County, and his sentences were made consecutive and concurrent to sentences passed in the counties of Ben Hill, Jeff Davis, Atkinson, Lowndes, Appling, and Glynn. Hutto, Assistant District Attorney, for appellee.
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