Denying Motion to Withdraw Guilty Plea In Georgia
In McCroskey v. State, 280 Ga. App. 638 (634 SE2d 824) (2006), the Court vacated the three orders of the trial court denying McCroskey's motions to withdraw his guilty pleas and remanded the cases for a hearing on whether trial counsel told McCroskey incorrectly that he could withdraw his guilty plea after sentence was pronounced as long as it was done before written entry of the sentence. Id. at 641 (2).
After a hearing, the trial court once again denied McCroskey's motion to withdraw the guilty pleas. McCroskey filed two separate notices of appeal - one for Stephens County and one for Rabun County, both of which this Court dismissed upon finding the notices of appeal untimely.
McCroskey then filed motions for out-of-time appeals, which the trial court denied.
McCroskey again filed separate notices of appeals from the orders denying his motions for out-of-time appeals.
The Rabun County notice of appeal was untimely, and the Court dismissed that appeal for lack of jurisdiction. the Stephens County order, however, was timely.