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he known of the correct minimum sentence, we conclude that the trial court did not manifestly abuse its discretion in denying his motion.” Vaughn v. State, 298 Ga.App. 669, 680 S.E.2d 680 (July 1, 2009). Failure to advise the defendant, upon entry of non- negotiated guilty plea in March, 2007, that he had the right to have his sentence reviewed by the Sentence Review Panel, did not entitle defendant to withdraw his guilty plea. “Vaughn had no constitutional right to a sentence review by a three-judge panel. Indeed, after Vaughn's sentence was imposed, the Georgia Supreme Court held that former OCGA § 17-10-6 was unconstitutional. The Court found that the General Assembly lacked the constitutional authority to divest the state's trial courts of their established jurisdiction over sentencing by creating a quasi-appellate tribunal to review and alter otherwise lawful sentences imposed by those trial courts. Sentence Review Panel v. Moseley, [284 Ga. 128, 129-131(1), 663 S.E.2d 679 (2008)].” Defendant claimed that he wouldn’t have entered plea if he had known that sentence review wasn’t available, but evidence supported trial court’s finding that this testimony wasn’t credible. Stockton v. State, 298 Ga.App. 84, 679 S.E.2d 109 (May 21, 2009). Trial court erred by failing to appoint counsel to assist defendant with out-of-time appeal of denial of his motion to withdraw guilty plea. “‘[A]n out-of-time appeal is the remedy for a frustrated right of appeal, where the appellant was denied his right of appeal through counsel's negligence or ignorance, or if the appellant was not adequately informed of his appeal rights. A defendant has a right to appeal directly the denial of his timely motion to withdraw a guilty plea. A defendant is also entitled to the assistance of counsel for such a direct appeal. When a defendant's right to directly appeal the denial of his motion to withdraw a guilty plea has been frustrated, he is entitled to an out-of-time appeal from the order on his motion. The disposition of a motion for out-of-time appeal hinges on a determination of who bore the ultimate responsibility for the failure to file a timely appeal.’ (Citations and punctuation omitted.) Leonard v. State, 293 Ga.App. 808(1) (668 S.E.2d 321) (2008).” Powell v. State, 297 Ga.App. 833, 678 S.E.2d 524 (May 13, 2009). Defendant’s motion to withdraw his guilty plea, based on alleged ineffective assistance of counsel not appearing in the record, was untimely where not filed within the same term of court. “‘[Powell] must therefore pursue a habeas corpus action to assert those claims.’ Fleming [ v. State, 276 Ga.App. 491, 492(1) (623 S.E.2d 696) (2005)] (footnotes and punctuation omitted).” Accord, Carleton v. State , 302 Ga.App. 29, 690 S.E.2d 426 (January 13, 2010); Stokes v. State , 287 Ga. 182, 695 S.E.2d 206 (May 17, 2010); McGruder v. State , 307 Ga.App. 379, 705 S.E.2d 175 (October 15, 2010); Loyd v. State , 288 Ga. 481, 705 S.E.2d 616 (January 10, 2011); Campos v. State , 292 Ga. 83, 734 S.E.2d 359 (November 19, 2012); Foster v. State , 294 Ga. 400, 754 S.E.2d 78 (January 21, 2014); Wyatt v. State , 297 Ga. 679, 777 S.E.2d 476 (September 14, 2015); Smith v. State , 298 Ga. 487, 782 S.E.2d 17 (January 19, 2016). Cobb v. State, 284 Ga. 74, 663 S.E.2d 262 (June 30, 2008). Trial court erred in denying defendant’s motion for out- of-time appeal from denial of motion to withdraw guilty plea. “In denying Cobb’s motion for an out-of-time appeal, the trial court cited Rice v. State, 278 Ga. 707 (606 S.E.2d 261) (2004). However, Rice involves a motion for an out-of- time appeal from the judgment of conviction and sentence entered on a guilty plea. Here, Cobb seeks an out-of-time appeal from the denial of his motion to withdraw his guilty plea. Therefore, the controlling authority is Carter v. Johnson, 278 Ga. 202, 204(2) (599 S.E.2d 170) (2004). Carter recognizes the existence of the right to appeal directly from the denial of a motion to withdraw a guilty plea, and further holds that, where that right is frustrated either through counsel’s negligence or through the trial court’s failure to inform the defendant of his right to appeal, the remedy is an out-of-time appeal. The record shows that, when the trial court denied Cobb’s motion to withdraw his guilty plea in 1997, it did not inform him of the right to file a direct appeal. Therefore, the order in this case must be reversed, and the case ‘returned to the [trial] court with direction to authorize an out-of-time appeal from the denial of [Cobb’s] motion to withdraw his guilty plea.’ Carter v. Johnson, supra at 205(2).” Accord, Leonard v. State , 293 Ga.App. 808, 668 S.E.2d 321 (October 3, 2008) (trial court erred in denying defendant’s motion for out-of-time appeal where counsel not promptly appointed after denial of motion to withdraw plea); Murell v. Young , 285 Ga. 182, 674 S.E.2d 890 (March 23, 2009) (“one who has pled guilty is constitutionally entitled to the assistance of counsel to pursue a motion to withdraw his plea.”); Stockton v. State , 298 Ga.App. 84, 679 S.E.2d 109 (May 21, 2009); Brown v. State , 319 Ga.App. 543, 737 S.E.2d 340 (January 16, 2013) (same as Leonard , citing Leonard ). Colbert v. State, 284 Ga. 81, 663 S.E.2d 158 (June 30, 2008). Trial court was not required to inform defendant of his “qualified” right to appeal from the judgment entered on his guilty plea, citing Barlow v. State, 282 Ga. 232, 647 S.E.2d 46 (2007).
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