Boone v. Georgia
Annotate this CaseOdeirrek Boone pleaded guilty to malice murder and other offenses and appeals the denial of his motion for an out-of-time appeal. Boone, proceeding pro se, briefly referenced his plea counsel’s failure to consult with him regarding his right to appeal, but the bulk of his argument was that plea counsel failed to advise him of his right to withdraw his guilty plea prior to sentencing and, had he been so advised, he would have withdrawn his guilty plea. And in attacking on appeal the court’s denial of the motion for out-of-time appeal, before the Georgia Supreme Court, Boone sought only an opportunity to move to withdraw his guilty plea. The Court found "a belated motion to withdraw his guilty plea is not a remedy to which Boone would be entitled even if the court below had granted his motion for out-of-time appeal." It therefore affirmed the denial of relief.
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