Overby v. State

Deen, Chief Judge.

Defendant entered a guilty plea to armed robbery and was sentenced to serve 15 years. Included in the sentence was the trial court’s recommendation to Department of Offender Rehabilitation that he be permitted to serve his sentence at the Colony Farms Correctional Institute. Fourteen months after the entry of his plea, defendant filed a motion to withdraw his plea. The motion was denied by the trial court because it was filed untimely and out of term. Defendant appeals. Held:

1. The trial judge did not abuse his discretion in denying the motion ". . . since the judgment would…