Eugene French v. State

Court of Appeals of Georgia

Eugene French v. State

DecidedMarch 20, 2015

DocketA15A0839

StatusPublished

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Eugene French v. State, (Ga. Ct. App. 2015).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ March 20, 2015

The Court of Appeals hereby passes the following order:

A15A0839. EUGENE FRENCH v. THE STATE.

Eugene French was convicted of two counts of aggravated child molestation. We affirmed his convictions. See French v. State, 288 Ga. App. 775 (655 SE2d 224) (2007). French then filed a motion to vacate a void judgment, arguing that venue was improper. The trial court denied the motion, and French appeals. We, however, lack jurisdiction. 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 French is not authorized to collaterally attack his convictions in this manner, this appeal is subject to dismissal. See id.; see also Harper v. State, 286 Ga. 216, 218 (1) (686 SE2d 786) (2009) (overruling Chester v. State, 284 Ga. 162, 162-163 (2) (664 SE2d 220) (2008)); Matherlee v. State, 303 Ga. App. 765 (694 SE2d 665) (2010). Accordingly, French’s appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia 03/20/2015 Clerk’s Office, Atlanta,____________________ 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,____________________ March 20, 2015

The Court of Appeals hereby passes the following order:

A15A0839. EUGENE FRENCH v. THE STATE.

Eugene French was convicted of two counts of aggravated child molestation. We affirmed his convictions. See French v. State, 288 Ga. App. 775 (655 SE2d 224) (2007). French then filed a motion to vacate a void judgment, arguing that venue was improper. The trial court denied the motion, and French appeals. We, however, lack jurisdiction. 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 French is not authorized to collaterally attack his convictions in this manner, this appeal is subject to dismissal. See id.; see also Harper v. State, 286 Ga. 216, 218 (1) (686 SE2d 786) (2009) (overruling Chester v. State, 284 Ga. 162, 162-163 (2) (664 SE2d 220) (2008)); Matherlee v. State, 303 Ga. App. 765 (694 SE2d 665) (2010). Accordingly, French’s appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia 03/20/2015 Clerk’s Office, Atlanta,____________________ 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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Eugene French v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eugene-french-v-state-gactapp-2015.

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