Darrin Pressley v. State

• Court: Court of Appeals of Georgia
• Decided: August 21, 2019
• Docket: A20A0028
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ August 14, 2019

The Court of Appeals hereby passes the following order:

A20A0028. DARRIN PRESSLEY v. THE STATE.

In 2012, a jury found Darrin Pressley guilty of criminal trespass, armed robbery, and two counts of aggravated assault, and the trial court imposed a total sentence of twelve years in prison, to be followed by eight years on probation. We affirmed his judgment of conviction in 2015. Pressley v. State, 331 Ga. App. 175, (770 SE2d 266) (2015). In October 2018, Pressley filed a motion to vacate a void judgment, in which he raised several challenges to the validity of his convictions. The trial court denied the motion (which the court identified as a “Motion to Set Aside Order and Final Judgment”), and Pressley filed a direct appeal to the Supreme Court, which transferred the matter to this Court. We lack jurisdiction. “[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). Any appeal from an order denying or dismissing such a petition or motion must be dismissed. See Roberts v. State, 286 Ga. 532, 532 (690 SE2d 150) (2010); Harper, 286 Ga. at 218 (2). Consequently, this appeal is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 08/14/2019 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.