Simmons v. State

PHIPPS, Presiding Judge.

Jonathan Simmons appeals the trial court’s order denying his motion to withdraw his negotiated plea of guilty to possession of a controlled substance (hydrocodone), possession of marijuana, and improper turn. The trial court held that the motion to withdraw, filed in 2011, was untimely for purposes of withdrawing the guilty plea, which was entered in 2004. We agree. Accordingly, we affirm the judgment of the trial court denying the motion to withdraw. The record also shows, however, that after Simmons violated the terms of his first offender probation, the trial court,…