White v. State

Summary

The Georgia Supreme Court affirmed the dismissal of Wardell Deloun White’s pro se motions to withdraw his guilty pleas. The court held that White remained represented by counsel when he filed the motions, making them unauthorized and without effect, and that his later amended motion was filed after the relevant term of court had ended. The court also declined to consider White’s ineffective-assistance claim because it had not been raised or ruled on in the trial court.

Holdings

1. A criminal defendant's representation by counsel does not automatically terminate when judgment of conviction and sentence is entered. At a minimum, representation continues through the end of the term in which a guilty-plea judgment and sentence are entered, unless counsel has been formally permitted to withdraw or the requirements for substitution of counsel have been satisfied.
2. The trial court properly treated White's pro se filings as unauthorized and without effect because he was represented by counsel when he filed them.
3. The February 2016 amended motion filed by substitute counsel did not transform or relate back to White's earlier pro se filings, which were legal nullities.
4. The trial court lacked jurisdiction to allow withdrawal of the guilty pleas because the only potentially valid counseled motion was filed after expiration of the term in which White was sentenced.
5. The court would not consider White's ineffective-assistance claim because he did not raise it in the trial court and the trial court did not rule on it.

Questions Presented

1. Whether a criminal defendant's representation by counsel automatically terminates upon entry of a judgment of conviction and sentence, permitting the defendant to file a pro se motion to withdraw a guilty plea.
2. Whether White's pro se motions to withdraw his guilty pleas were legally effective when filed while he was represented by counsel.
3. Whether the later counseled amended motion could relate back to the dates of the earlier pro se filings.
4. Whether the trial court could grant a motion to withdraw the guilty pleas filed after expiration of the term of court in which the pleas were entered.
5. Whether the Supreme Court could consider White's ineffective-assistance claim for the first time on appeal.

Disposition

affirmed