Antonio Robinson v. State

• Court: Court of Appeals of Georgia
• Decided: January 17, 2019
• Docket: A19A1029
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ January 17, 2019

The Court of Appeals hereby passes the following order:

A19A1029. ANTONIO ROBINSON v. THE STATE.

Antonio Robinson was convicted of armed robbery in Fulton Superior Court in 1980, and his conviction was affirmed on appeal. See Robinson v. State, 158 Ga. App. 54 (279 SE2d 304) (1981). It appears from the record that Robinson was released from jail and sentenced on March 11, 1995 in Muscogee County on a subsequent armed robbery charge. Since that time, Robinson has filed numerous motions in this Fulton County case challenging his conviction. In September 2018, he filed a pro se “Motion to Set Aside Attacking Illegal Conviction” citing OCGA § 9-11-60. The trial court dismissed the motion, and Robinson filed this direct appeal. We lack jurisdiction.

First, “[i]t has been held many times that a motion to set aside a judgment is inappropriate in a criminal case.” Lacey v. State, 253 Ga. 711 (324 SE2d 471) (1985). Regardless of how it is styled, however, a motion seeking to challenge an allegedly invalid or void judgment of conviction “is not one of the established procedures for challenging the validity of a judgment in a criminal case.” Roberts v. State, 286 Ga. 532 (690 SE2d 150) (2010). Because Robinson is not authorized to collaterally attack his conviction in this manner, his appeal is hereby DISMISSED. See id; see also Harper v. State, 286 Ga. 216, 218 (1) & (2) (686 SE2d 786) (2009).

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 01/17/2019 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.