Sims v. State

Summary

The Supreme Court of Georgia affirmed dismissal of Sims's 2020 motion to withdraw his guilty plea because it was filed years after the term of court in which he was sentenced, depriving the trial court of jurisdiction. The court also held that Sims could not obtain an evidentiary hearing based on an ineffective-assistance theory first raised on appeal, because he had not alleged in the trial court that counsel's ineffectiveness caused his failure to timely seek withdrawal of the plea.