French v. State (Per Curiam)
Annotate this CaseAppellant George French entered a negotiated plea of guilty to seven counts, including kidnapping, intimidating a witness, possession of firearms by certain persons, aggravated assault on a family or household member, and terroristic threatening. Appellant subsequently filed a motion to withdraw his plea of guilty based on an alleged breach of the plea agreement. The circuit court entered an order treating Appellant's petition to withdraw as a petition for postconviction relief under the rule stating that a motion to withdraw a guilty plea is untimely if filed after entry of the judgment, but in such an instance, the trial court may consider the motion as one for postconviction relief. The court denied the petition on the basis that Appellant had previously sought postconviction relief and could not file a subsequent petition. The Supreme Court affirmed, holding that Appellant was procedurally barred from filing a subsequent petition for postconviction relief.
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