Boone v. State

Supreme Court of Georgia
Boone v. State, 644 S.E.2d 136 (Ga. 2007)
281 Ga. 887; 2007 Fulton County D. Rep. 1377; 2007 Ga. LEXIS 304
Sears

Boone v. State

Opinion

SEARS, Chief Justice.

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

Judgment affirmed.

All the Justices concur.
1

Henry v. State, 269 Ga. 851, 853 (507 SE2d 419) (1998) (citations omitted).

2

Rubiani v. State, 279 Ga. 299 (612 SE2d 798) (2005).

Reference

Full Case Name
Boone v. the State
Cited By
2 cases
Status
Published