State of Tennessee v. Bobby V. Summers

Summary

The Tennessee Court of Criminal Appeals affirmed the dismissal of Bobby V. Summers's motion to withdraw his guilty plea to facilitation of first degree murder. The court held that the motion was untimely because it was filed more than five years after the judgment became final, depriving the trial court of jurisdiction under Tennessee Rule of Criminal Procedure 32(f).

Holdings

1. A trial court lacks jurisdiction to hear and decide a motion to withdraw a guilty plea filed after the judgment of conviction becomes final. Under Tennessee Rule of Criminal Procedure 32(f), the motion must be filed before finality, generally within thirty days after acceptance of the plea agreement and imposition of sentence.
2. The court did not reach the merits of Summers's claims that his plea was illegal or unconstitutional, that actual innocence tolled the filing period, or that counsel was ineffective, because the untimely motion was outside the trial court's jurisdiction.

Questions Presented

1. Whether the trial court properly dismissed as untimely Summers's motion to withdraw his guilty plea.
2. Whether a trial court has jurisdiction under Tennessee Rule of Criminal Procedure 32(f) to consider a motion to withdraw a guilty plea filed more than thirty days after acceptance of the plea agreement and imposition of sentence.
3. Whether Summers's claims concerning the legality and constitutionality of his plea, actual innocence, and ineffective assistance of counsel could be considered despite the untimeliness of his motion.

Disposition

affirmed