Chad Hargreaves v. State

• Court: Court of Appeals of Georgia
• Decided: November 23, 2018
• Docket: A19A0667
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ November 16, 2018

The Court of Appeals hereby passes the following order:

A19A0667. CHAD HARGREAVES v. THE STATE.

Following a jury trial, Chad Hargreaves was convicted of five counts of molestation and a single count each of aggravated sodomy and aggravated child molestation. The trial court sentenced him to a total term of life imprisonment. We affirmed his convictions in an unpublished opinion. See Hargreaves v. State, Case No. A18A0181 (decided May 25, 2018). Hargreaves then filed a pro se “Motion to Set Aside a Void Indictment,” alleging that his sentence and convictions are void due to a defective indictment. Specifically, he contended that the State “falsified” the indictment and failed to follow the proper procedures to obtain a valid charging document. The trial court denied the motion, and Hargreaves now appeals. We, however, lack jurisdiction. First, Hargreaves’s “Motion to Set Aside a Void Indictment” was, in substance, a motion to vacate or set aside his convictions, and “a petition to vacate or modify a judgment of conviction is not an appropriate remedy in a criminal case.” Harper v. State, 286 Ga. 216, 218 (1) (686 SE2d 786) (2009); see also Wright v. State, 277 Ga. 810, 811 (596 SE2d 587) (2004). Any appeal from an order denying or dismissing such a motion must be dismissed. Harper, 286 Ga. at 218 (2); see also Roberts v. State, 286 Ga. 532, 532 (690 SE2d 150) (2010). However, an appeal may lie from an order denying or dismissing a motion to correct a void sentence if the defendant raises a colorable claim that the sentence is, in fact, void or illegal. Harper, 286 Ga. at 217 (1), n. 1. Hargreaves, however, has not done so. “Motions to vacate a void sentence generally are limited to claims that – even assuming the existence and validity of the conviction for which the sentence was imposed – the law does not authorize that sentence, most typically because it exceeds the most severe punishment for which the applicable penal statute provides.” von Thomas v. State, 293 Ga. 569, 572 (2) (748 SE2d 446) (2013). When a sentence is within the statutory range of punishment, it is not void. Jones v. State, 278 Ga. 669, 670 (604 SE2d 483) (2004). Hargreaves does not contend that his sentence exceeded the statutory range of punishment; instead, he challenges the validity of his convictions. Second, to the extent Hargreaves’s claims concerning the sufficiency of his indictment could be construed as a motion in arrest of judgment, the motion is untimely because it was not filed during the term of court at which the judgment was obtained. See OCGA § 17-9-61 (b); Hammond v. State, 292 Ga. 237, 238 (734 SE2d 396) (2012). For the foregoing reasons, Hargreaves’s appeal is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 11/16/2018 I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Wi tness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.