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281 Ga. 887

644 S.E.2d 136

Boone v. State

Supreme Court of Georgia

Decided April 24, 2007

Supreme Court of Georgia · decided 2007-04-24

Cited by 2 later decisions — most recently March 2009

2 state decisions

Relies on Henry v. State · Rubiani v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2007-04-24

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SEARS, Chief Justice.

¶1 In 2001, Verdice Boone pled guilty in Polk County to felony murder, aggravated battery, and arson. He received a life sentence for felony murder and a concurrent 20-year sentence for the arson offense. In 2006, Boone filed a motion to withdraw his guilty plea. “It is well settled that when the term of court has expired in which a defendant was sentenced pursuant to a guilty plea, the trial court lacks jurisdiction to allow the withdrawal of the plea. [Boone’s] only available means to withdraw his guilty plea is through habeas corpus proceedings.” 1 Accordingly, the trial court properly denied Boone’s motion to withdraw his guilty plea. 2

¶2 Judgment affirmed.

All the Justices concur.
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