Henry Lee Bonner v. State

Court of Appeals of Georgia

Henry Lee Bonner v. State

DecidedApril 25, 2016

DocketA16D0307

StatusPublished

This text of Henry Lee Bonner v. State (Henry Lee Bonner 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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Henry Lee Bonner v. State, (Ga. Ct. App. 2016).

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Court of Appeals of the State of Georgia

ATLANTA,____________________ April 13, 2016

The Court of Appeals hereby passes the following order:

A16D0307. HENRY LEE BONNER v. THE STATE.

Henry Lee Bonner pled guilty to armed robbery in 2010, and was sentenced to 15 years to serve. Bonner later filed a motion to set aside his judgment of conviction, arguing that his indictment was flawed. The trial court denied the motion, and Bonner filed this application for discretionary appeal to challenge the order. We, however, 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 motion must be dismissed. See id. at 218 (2); Roberts v. State, 286 Ga. 532, 532 (690 SE2d 150) (2010). A direct appeal may lie from an order denying a motion to vacate or correct a void sentence, but only if the defendant raises a colorable claim that the sentence is, in fact, void. See Harper, supra at 217 n.1; Burg v. State, 297 Ga. App. 118, 119 (676 SE2d 465) (2009). “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). Accordingly, when a sentence is within the statutory range of punishment, it is not void. See Jones v. State, 278 Ga. 669, 670 (604 SE2d 483) (2004). Bonner does not argue that his sentence fell outside the permissible statutory range; rather, he challenges the validity of his indictment. Thus, Bonner has not raised a colorable void sentence claim. Accordingly, we lack jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia 04/13/2016 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,____________________ April 13, 2016

The Court of Appeals hereby passes the following order:

A16D0307. HENRY LEE BONNER v. THE STATE.

Henry Lee Bonner pled guilty to armed robbery in 2010, and was sentenced to 15 years to serve. Bonner later filed a motion to set aside his judgment of conviction, arguing that his indictment was flawed. The trial court denied the motion, and Bonner filed this application for discretionary appeal to challenge the order. We, however, 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 motion must be dismissed. See id. at 218 (2); Roberts v. State, 286 Ga. 532, 532 (690 SE2d 150) (2010). A direct appeal may lie from an order denying a motion to vacate or correct a void sentence, but only if the defendant raises a colorable claim that the sentence is, in fact, void. See Harper, supra at 217 n.1; Burg v. State, 297 Ga. App. 118, 119 (676 SE2d 465) (2009). “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). Accordingly, when a sentence is within the statutory range of punishment, it is not void. See Jones v. State, 278 Ga. 669, 670 (604 SE2d 483) (2004). Bonner does not argue that his sentence fell outside the permissible statutory range; rather, he challenges the validity of his indictment. Thus, Bonner has not raised a colorable void sentence claim. Accordingly, we lack jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia 04/13/2016 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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