Cedric Kimbrough v. State

Court of Appeals of Georgia

Cedric Kimbrough v. State

DecidedApril 30, 2019

DocketA19A1482

StatusPublished

This text of Cedric Kimbrough v. State (Cedric Kimbrough 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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Cedric Kimbrough v. State, (Ga. Ct. App. 2019).

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Court of Appeals of the State of Georgia

ATLANTA,____________________ April 24, 2019

The Court of Appeals hereby passes the following order:

A19A1482. CEDRIC KIMBROUGH v. THE STATE.

In 1993, Kimbrough was convicted by jury of selling cocaine and possession of cocaine with intent to distribute. The trial court sentenced him as a recidivist to life in prison. We affirmed his convictions on direct appeal. See Kimbrough v. State, 215 Ga. App. 303 (450 SE2d 457) (1994). In 2011, Kimbrough filed a motion to vacate/correct void sentence, arguing that his previous convictions did not qualify him for a recidivist sentence. We rejected this argument on appeal, holding that Kimbrough’s challenge to the factual predicates underlying his prior convictions used in recidivist sentencing did not present a valid void sentence claim. See Kimbrough v. State, 325 Ga. App. 519, 522 (1) (754 SE2d 109) (2014). In 2018, Kimbrough filed another motion to vacate/correct void sentence, again arguing that his prior convictions did not qualify him for a recidivist sentence. The trial court denied his motion, and Kimbrough filed this direct appeal. We, however, lack jurisdiction. “It is axiomatic that the same issue cannot be relitigated ad infinitum.” Echols v. State, 243 Ga. App. 775, 776 (534 SE2d 464) (2000); see also Jordan v. State, 253 Ga. App. 510, 511 (2) (559 SE2d 528) (2002). Our rulings in the prior cases before this Court act as res judicata. See Hook v. Bergen, 286 Ga. App. 258, 261 (1) (649 SE2d 313) (2007). Thus, Kimbrough is barred from seeking further judicial review on this issue. See id.; see also Ross v. State, 310 Ga. App. 326, 328 (713 SE2d 438) (2011) (law of the case rule bars successive void sentence appeals). Accordingly, this appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 04/24/2019 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,____________________ April 24, 2019

The Court of Appeals hereby passes the following order:

A19A1482. CEDRIC KIMBROUGH v. THE STATE.

In 1993, Kimbrough was convicted by jury of selling cocaine and possession of cocaine with intent to distribute. The trial court sentenced him as a recidivist to life in prison. We affirmed his convictions on direct appeal. See Kimbrough v. State, 215 Ga. App. 303 (450 SE2d 457) (1994). In 2011, Kimbrough filed a motion to vacate/correct void sentence, arguing that his previous convictions did not qualify him for a recidivist sentence. We rejected this argument on appeal, holding that Kimbrough’s challenge to the factual predicates underlying his prior convictions used in recidivist sentencing did not present a valid void sentence claim. See Kimbrough v. State, 325 Ga. App. 519, 522 (1) (754 SE2d 109) (2014). In 2018, Kimbrough filed another motion to vacate/correct void sentence, again arguing that his prior convictions did not qualify him for a recidivist sentence. The trial court denied his motion, and Kimbrough filed this direct appeal. We, however, lack jurisdiction. “It is axiomatic that the same issue cannot be relitigated ad infinitum.” Echols v. State, 243 Ga. App. 775, 776 (534 SE2d 464) (2000); see also Jordan v. State, 253 Ga. App. 510, 511 (2) (559 SE2d 528) (2002). Our rulings in the prior cases before this Court act as res judicata. See Hook v. Bergen, 286 Ga. App. 258, 261 (1) (649 SE2d 313) (2007). Thus, Kimbrough is barred from seeking further judicial review on this issue. See id.; see also Ross v. State, 310 Ga. App. 326, 328 (713 SE2d 438) (2011) (law of the case rule bars successive void sentence appeals). Accordingly, this appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 04/24/2019 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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