Anton J. Smith v. State

Court of Appeals of Georgia

Anton J. Smith v. State

DecidedDecember 24, 2019

DocketA20A0639

StatusPublished

This text of Anton J. Smith v. State (Anton J. Smith v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Anton J. Smith v. State, (Ga. Ct. App. 2019).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ December 12, 2019

The Court of Appeals hereby passes the following order:

A20A0639. ANTON J. SMITH v. THE STATE.

A jury convicted Anton J. Smith of rape, kidnapping, aggravated sodomy, armed robbery, and burglary. This Court reversed his conviction for armed robbery, but otherwise affirmed. See Smith v. State, 244 Ga. App. 165 (534 SE2d 903) (2000). In 2019, Smith filed a motion to set aside the verdict and a motion for transcripts, which the trial court denied. Smith then filed this direct appeal, seeking to challenge the trial court’s ruling on his motion to set aside.1 We, however, lack jurisdiction. In his motion to set aside and in his brief on appeal, Smith argues that the trial court lacked subject matter jurisdiction because of defects in his indictment and the grand jury procedure. But such a claim is an attack on his convictions. See Thompson v. State, 304 Ga. 146, 149 (3) (816 SE2d 646) (2018) (“Appellant claims that his convictions are void because the record does not show that his indictment was returned in open court.”); Jones v. State, 290 Ga. App. 490, 494 (2) (659 SE2d 875) (2008) (holding that attacks on the indictment are essentially attempts to have the judgment of conviction vacated). “[A] petition to vacate or modify a judgment of conviction is not an appropriate remedy in a criminal case[,]” and any appeal from an

1 Smith also appealed from a separate order denying his motion to dismiss, in which Smith raised a similar argument to that raised in his motion to set aside. See Case No. A20A0638. order denying or dismissing such a motion must be dismissed. Harper v. State, 286 Ga. 216, 218 (1)-(2) (686 SE2d 786) (2009). Accordingly, this appeal is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 12/12/2019 I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.

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Court of Appeals of the State of Georgia

ATLANTA,____________________ December 12, 2019

The Court of Appeals hereby passes the following order:

A20A0639. ANTON J. SMITH v. THE STATE.

A jury convicted Anton J. Smith of rape, kidnapping, aggravated sodomy, armed robbery, and burglary. This Court reversed his conviction for armed robbery, but otherwise affirmed. See Smith v. State, 244 Ga. App. 165 (534 SE2d 903) (2000). In 2019, Smith filed a motion to set aside the verdict and a motion for transcripts, which the trial court denied. Smith then filed this direct appeal, seeking to challenge the trial court’s ruling on his motion to set aside.1 We, however, lack jurisdiction. In his motion to set aside and in his brief on appeal, Smith argues that the trial court lacked subject matter jurisdiction because of defects in his indictment and the grand jury procedure. But such a claim is an attack on his convictions. See Thompson v. State, 304 Ga. 146, 149 (3) (816 SE2d 646) (2018) (“Appellant claims that his convictions are void because the record does not show that his indictment was returned in open court.”); Jones v. State, 290 Ga. App. 490, 494 (2) (659 SE2d 875) (2008) (holding that attacks on the indictment are essentially attempts to have the judgment of conviction vacated). “[A] petition to vacate or modify a judgment of conviction is not an appropriate remedy in a criminal case[,]” and any appeal from an

1 Smith also appealed from a separate order denying his motion to dismiss, in which Smith raised a similar argument to that raised in his motion to set aside. See Case No. A20A0638. order denying or dismissing such a motion must be dismissed. Harper v. State, 286 Ga. 216, 218 (1)-(2) (686 SE2d 786) (2009). Accordingly, this appeal is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 12/12/2019 I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.

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Anton J. Smith v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anton-j-smith-v-state-gactapp-2019.

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