Confesor Chaparro v. State

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ July 21, 2017

The Court of Appeals hereby passes the following order:

A17A2057. CONFESOR CHAPARRO v. THE STATE.

Confesor Chaparro was convicted of four counts of aggravated child molestation. His judgment of conviction was affirmed. Chaparro v. State, 279 Ga. App. 145 (630 SE2d 645) (2006). Since that time, Chaparro has filed a number of post-conviction motions – resulting in applications and a direct appeal to this Court, all of which were either denied or dismissed.1 Recently, on March 23, 2017, Chaparro filed a pro se “Motion For Judgment Notwithstanding Mistrial or Verdict.” The trial court denied that motion in an order entered March 28, 2017. Chaparro filed a notice of appeal on April 27, 2017, giving rise to the instant direct appeal. We lack jurisdiction. Chaparro’s motion was essentially a challenge to his convictions as void. But as the Georgia Supreme Court has made clear, a motion seeking to set aside or vacate an allegedly void criminal conviction is not one of the established procedures for challenging the validity of a judgment in a criminal case, and an appeal from the trial court’s ruling on such a motion must be dismissed. See Roberts v. State, 286 Ga. 532

1 See Case Nos. A14D0056 (denied October 18, 2013); A11A1862 (dismissed June 20, 2011); A08D0343 (dismissed May 2, 2008); A08D0111 (dismissed November 19, 2007). (690 SE2d 150) (2010). Accordingly, this appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 07/21/2017 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.