DOWNS v. STATE

No. S98A1631.

509 S.E.2d 40 (1998)

270 Ga. 310

DOWNS v. The STATE.

Supreme Court of Georgia.

December 4, 1998.


Attorney(s) appearing for the Case

Clarence N. Downs, Reidsville, pro se.

Harry N. Gordon, Dist. Atty., Gerald W. Brown, Asst. Dist. Atty., Athens, for the State.


HINES, Justice.

Downs pled guilty to malice murder on January 4, 1995. On May 4, 1998, seven terms of court later, he filed a document styled: "Petitioner Notice of Filing Motion for New Trial on Newly Discovered Evidence." The superior court treated this pleading as a motion to withdraw the guilty plea and dismissed it for lack of jurisdiction because it was out of term. Downs appeals and we affirm.

Downs contends the court should not have treated his pleading...

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