"The trial court concluded that Baker’s motion to withdraw was untimely because '[t]he plea had been accepted over five and a half years prior,'" read the Georgia Court of Appeals opinion. "But '[i]t is well settled that a motion to withdraw a guilty plea must be filed within the same term of court as the sentence entered on the guilty plea.'"
January 12, 2022 at 06:29 PM
4 minute read
Litigation Reporter
An inmate sentenced to do more time for a crime than statutorily permitted has secured a second shot at withdrawing his guilty plea, after convincing an appellate court to vacate a new sentence handed down at resentencing.
Appearing pro se, inmate Patrick L. Baker leveraged term-of-court interpretation and Sixth Amendment violation strategies to prompt the Georgia Court of Appeals to issue a partial judgment reversal, sentence vacation and resentencing remand in Baker v. The State.
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