MILLER, P. J., ANDREWS, J., and SENIOR APPELLATE JUDGE
Beasley, Senior Appellate Judge.
Jolisa Joanna Merrick's January 17, 2017 guilty plea on
one count of family violence battery, the State Court of
Clayton County sentenced Merrick to 12 months probation. On
April 19, 2017, Merrick filed an "Extraordinary Motion
to Withdraw Guilty Plea, " claiming that she received
ineffective assistance of counsel in that her prior counsel
misled her and failed to investigate her case. The trial court
denied Merrick's motion because it was filed outside the
term of court at which her guilty plea was entered, and
Merrick appeals. Finding no error, we affirm.
sole enumeration of error, Merrick contends that the trial
court erred in denying her extraordinary motion for new trial
without a hearing. However, because the trial court lacked
jurisdiction to consider Merrick's motion, we need not
consider her argument.
It is well settled that a trial court does not have
jurisdiction to entertain a motion to withdraw a guilty plea
filed after the term of court in which the defendant was
sentenced under the plea. After the term of court has
expired, a defendant's only means for withdrawing a
guilty plea is through habeas corpus proceedings.
and punctuation omitted.) Ward v. State, 311 Ga.App.
53 (714 S.E.2d 731) (2011). See also Wyatt v. State,
297 Ga. 679 (777 S.E.2d 476) (2015); Hagan v. State,
290 Ga. 353 (720 S.E.2d 645) (2012); Gholston v.
State, 327 Ga.App. 790, 791 (761 S.E.2d 189) (2014).
case, Merrick entered her plea of guilty on January 17, 2017,
during the November 2016 term of court. See OCGA §§
15-6-3 (10) (terms of court for Clayton Judicial Circuit
commence on the "[f]irst Monday in February, May,
August, and November") and 15-7-40 (terms of court for
state courts are "prescribed by local laws"); Ga.
L. 1980, p. 3890, 3892, § 3 ("The terms of the
State Court of Clayton County shall be held on the same dates
now or hereafter provided for holding the terms of the
Superior Court of Clayton County."); Ga. L. 1964, p.
2032, 2036-2037, § 10 (establishing the "Civil and
Criminal Court of Clayton County" [later renamed the
"State Court of Clayton County"] and terms of
court). It was not until April 19, 2017, during the February
2017 term of court, that Merrick filed her extraordinary
motion to withdraw her guilty plea. It necessarily follows
that the trial court lacked jurisdiction to consider
Merrick's motion and, as a result, properly denied the
motion. See Brooks v State, 301 Ga.
748, 752 (2) (804 S.E.2d 1) (2017) ("a trial court's
mere 'denial' of a motion it lacks jurisdiction to
decide without more cannot be assumed to be a decision on the
merits, and so its 'denial' rather than
'dismissal' of an untimely motion does not require
vacatur of that order"); Ward, 311 Ga.App. at
53 Because the term of court in which Merrick's sentence
was entered has expired, her sole remedy for seeking to
withdraw her guilty plea is to file a petition for habeas
corpus See OCGA § 9-14-40 et seq; Ward, 311
Ga.App. at 53.
Miller, P. J., and Andrews, J., concur.
On February 9, 2017, Merrick,
acting pro se, also filed a pleading entitled "Notice of
Appeal with Documentary Evidence and Possible Dismissal
Request." Although not discussed by the parties on
appeal, the trial court construed Merrick's pleading as a
motion to withdraw her guilty plea and entered a rule nisi on
March 2, 2017, setting the motion for a hearing. The record
does not show that a hearing occurred. Nevertheless, Merrick
obtained new counsel who filed the extraordinary motion to
withdraw her guilty plea at issue in this appeal. Because the
result in this appeal does not turn upon the manner in which
the trial court treated Merrick's February 9, 2017
pleading, i.e., as a motion to withdraw a guilty plea or a
properly filed notice of appeal, and because Merrick has
abandoned the issue by failing to enumerate it as error on
appeal, we need not decide whether the trial court should
have treated Merrick's pleading as a notice of appeal and
timely transmitted the record to this Court at that time. See
Court of Appeals Rule 25 (c) (2); White v. State,
302 Ga. 315, 318-319 (2) (806 S.E.2d 489) (2017) (pro se
motion to withdraw a guilty plea, filed during same term of
court as guilty plea and by defendant who was represented by
counsel during guilty plea, was a nullity);
Hernandez-Ramirez v. State, ___Ga.App. ___, *2 - *3
(Case No. A18A0037, decided March 23, 2018) (same). See also
Soberanis v. State, ___ Ga.App. ___, *3 - *4 (Case
No. A17A1578, decided March 26, 2018) (pro se notice of
appeal, filed during same term of court as judgment of
conviction and by defendant who was represented by counsel at
trial, was a nullity); Cornish v. State, 219 Ga.App.
884, 888 (3) (d) (466 S.E.2d 919) (1996) (issue not
enumerated as error deemed abandoned).
Notwithstanding the trial
court's lack of jurisdiction, Merrick's enumeration
fails. "[P]retermitting whether a defendant has a right
to a hearing on a motion to withdraw a guilty plea, [Merrick]
never requested that the trial court hold such a hearing. It
is well settled that, even if a defendant has a due process
right to a hearing, that right may be waived by failure to