Boone v. State

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. Footnotes [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).