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the original sentence is held to be void. In such a case, we held that the trial court is only authorized to impose new and valid sentences, and not to allow the defendant to withdraw his plea.’ (Punctuation and footnote omitted.) Baldwin v. State , 242 Ga.App. 205, 207, 529 S.E.2d 201 (2000)”); Rubiani v. State , 279 Ga. 299, 612 S.E.2d 798 (May 9, 2005); Golden v. State , 273 Ga.App. 617, 615 S.E.2d 769 (May 13, 2005); Curry v. State , 274 Ga.App. 19, 616 S.E.2d 225 (June 23, 2005); Thompson v. State , 275 Ga.App. 566, 621 S.E.2d 475 (August 31, 2005); Dupree v. State , 279 Ga. 641, 619 S.E.2d 608 (September 19, 2005); Nguyen v. State , 279 Ga. 875, 621 S.E.2d 463 (October 24, 2005); Kuntz v. State , 276 Ga.App. 483, 623 S.E.2d 684 (November 18, 2005); Brown v. State , 280 Ga. 658, 631 S.E.2d 687 (June 26, 2006); Turner v. State , 281 Ga. 435, 637 S.E.2d 384 (October 30, 2006); Maples v. State , 293 Ga.App. 232, 666 S.E.2d 609 (August 4, 2008); Coleman v. State , 293 Ga.App. 251, 666 S.E.2d 620 (August 7, 2008); Matthews v. State , 295 Ga.App. 752, 673 S.E.2d 113 (January 28, 2009) (Defendant’s motion to withdraw his guilty plea couldn’t be amended to add new grounds after term of court in which plea was entered.); Hill v. State , 306 Ga.App. 285, 701 S.E.2d 909 (September 30, 2010); Jones v. State , 307 Ga.App. 714, 706 S.E.2d 105 (February 4, 2011); Rhone v. State , 310 Ga.App. 182, 712 S.E.2d 601 (June 20, 2011); Skipper v. State , 310 Ga.App. 246, 712 S.E.2d 637 (June 22, 2011); Ward v. State , 311 Ga.App. 53, 714 S.E.2d 731 (July 14, 2011); Wilkinson v. State , 290 Ga. 543, 722 S.E.2d 700 (January 23, 2012); Riggs v. State , 319 Ga.App. 189, 733 S.E.2d 832 (October 31, 2012) (same as Matthews ); Barnes v. State , 293 Ga. 365, 744 S.E.2d 795 (June 17, 2013); Henderson v. State , 295 Ga. 333, 759 S.E.2d 827 (June 16, 2014); Rhodes v. State , 296 Ga. 418, 768 S.E.2d 445 (January 20, 2015); Spriggs v. State , 296 Ga. 542, 769 S.E.2d 392 (February 16, 2015). OVERRULED AS TO CASES WHERE VOID SENTENCE ENTERED, SUCH AS Manders , -- see Kaiser (March 28, 2007), above. Jones v. State, 265 Ga.App. 584, 594 S.E.2d 761 (February 12, 2004). “‘To challenge a guilty plea based on ineffectiveness of trial counsel, [Jones] must show that, but for his counsel’s deficiency, he would have insisted on going to trial and would not have pled guilty.’” Trial court’s finding to the contrary was not clearly erroneous. Record reflects excellent and thorough showing of knowing and voluntary waiver of rights. Bielin v. State, 265 Ga.App. 865, 595 S.E.2d 543 (February 12, 2004). Trial court’s failure to establish a factual basis for defendant’s guilty plea did not entitle defendant to withdraw his guilty plea, where “there is evidence in the record establishing a factual basis for the crime in question.” Trial court may rely on any evidence in the record in determining whether a factual basis for the offense exists; but the court is presumed to have relied solely on the evidence presented at the plea hearing absent any other indication. Here, insufficient evidence was presented at the plea hearing, but the testimony of the victim at a bond reduction hearing before the same judge “several months prior to the plea hearing” was sufficient to establish a factual basis. Thus, there was no “manifest injustice” requiring withdrawal of the plea pursuant to USCR 33.12. Accord, Leary v. State , 291 Ga.App. 754, 662 S.E.2d 733 (May 7, 2008). Blake v. State, 264 Ga.App. 782, 592 S.E.2d 437 (December 16, 2003). “Where venue is improper, and has not been waived, there is no jurisdiction and the ensuing judgment is void.” Where defendant pled guilty to all eight counts of indictment, but venue was lacking as to one count and defendant did not knowingly waive venue, trial court should have granted defendant’s motion to withdraw his guilty plea as to the one count. But see Ramsey v. State , 267 Ga.App. 452, 600 S.E.2d 399 (May 17, 2004) (“‘A knowing and voluntary plea of guilty acts as a waiver of all defenses, known and unknown,’ Brown v. State , 261 Ga.App. 448, 449, 582 S.E.2d 588 (2003),” including, here, venue. “See also OCGA § 17-2-4 (defendant wishing to plead guilty may waive venue)”). Mann v. State, 264 Ga.App. 631, 591 S.E.2d 495 (December 11, 2003). Where illegal sentence was entered on defendant’s case, trial court erred in allowing him to withdraw his guilty plea five years later. “The trial court had jurisdiction to resentence Mann if he was punished in a way the law did not allow. ‘Where a sentence is void ... the court may resentence the defendant at any time.’ Crumbley v. State, 261 Ga. 610, 611(1) (409 S.E.2d 517) (1991). However, the trial court had no jurisdiction to accept the January 10, 2001 withdrawal of Mann’s guilty plea.” Defendant’s subsequent conviction at trial therefore vacated. OVERRULED – see Kaiser (March 28, 2007), above. Saye v. State, 263 Ga.App. 225, 587 S.E.2d 393 (September 16, 2003). Defendant understood effect of entering his Alford plea; it’s immaterial that he never heard the term Alford . Some great quotes: “‘It is not that the magic words are spoken, but what is said and done irrespective of the magic words.’ Messex v. Lynch, 255 Ga. 208, 210 (336 S.E.2d 755) (1985). ‘We have long ago departed that realm of law where runes and sigils supplant reason and substance.’ Tuggle v. Tuggle, 251 Ga. 845, 846(2) (310 S.E.2d 224) (1984).” Not helpful to defendant was his admission at sentencing that “‘Well, your Honor, I’'m responsible for what happened. We was in my truck and I’d been driving the whole night before, you know. I was drugged up and alcoholed (sic) up. I don’t remember the time of the accident, but I know I was driving.’” Defendant was not entitled to withdraw his plea.
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