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Skipper v. State

Defendant did not show that ineffective assistance of counsel interfered with his right to file a timely appeal because the allegations of ineffectiveness only related to his guilty plea.

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Jerry Lee Skipper pled guilty to armed robbery, attempted armed robbery, kidnapping, theft by taking, and three counts of aggravated assault. Following the denial of his amended motion for an out-of-time appeal and amended out-of-time motion to withdraw his guilty plea, Skipper appeals, citing several claims of error. Having reviewed these claims, we find no error and affirm. 1. Skipper contends that the trial court erred in finding that he was informed of his right not to incriminate himself and in finding that he entered his guilty plea knowingly, intelligently, and voluntarily. He is in essence seeking to withdraw his plea on these grounds. But as explained in the trial court’s order, the court is without jurisdiction to allow the withdrawal of a guilty plea after the expiration of the term of court in which the defendant was sentenced. Orr v. State , 276 Ga. 91, 93 2 575 SE2d 444 2003. The only means now available for Skipper to challenge his guilty plea is through a petition for writ of habeas corpus. McGruder v. State , 307 Ga. App. 379, 380 2 705 SE2d 175 2010.

2. Skipper contends that the trial court erred in accepting his guilty plea during the pendency of his federal habeas corpus claim. During the plea hearing, Skipper’s counsel stated: “Skipper also filed, as the Court’s aware, a habeas corpus action with the federal court. The habeas corpus action has been stayed by the Magistrate Judge up there as not being final on the State level yet.” The trial court’s order states: “The court is unaware of what claims Skipper alleged in his pro se federal habeas corpus claim. The allegations set out in such federal petition are not part of the record before this court.”

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