Jermaine Davis v. State

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ May 11, 2016

The Court of Appeals hereby passes the following order:

A16A1258. JERMAINE DAVIS v. THE STATE.

Jermaine Davis pled guilty to robbery and aggravated battery on August 7,

2014, and he was sentenced to ten years to serve.1 On December 10, 2015, Davis filed

a motion to set aside a void judgment and petition for writ of habeas corpus ad

testificandum. He simultaneously filed a notice of appeal “from judgment of this court

if ruling is not favorable to him.” The trial court subsequently denied his motion, and

Davis filed an application for discretionary appeal from that order. We dismissed the

application for discretionary appeal because a motion to set aside a void judgment is

not an appropriate remedy in a criminal case.2 See Harper v. State, 286 Ga. 216, 218

(1) (686 SE2d 786) (2009). The case is now before us based on Davis’s notice of

appeal. Pretermitting the validity of Davis’s premature notice of appeal, we must

dismiss the instant direct appeal for the same reason we dismissed Davis’s application

1 Davis appealed from the denial of his motion to withdraw his guilty plea, and we affirmed the trial court’s judgment in an unpublished opinion. See Davis-Bey v. State, Case No. A15A1107 (decided Sept. 2, 2015). 2 Davis v. State, A16D0209 (dismissed Jan. 26, 2016). for discretionary appeal: a motion to set aside a void judgment is not an appropriate

remedy in a criminal case. See Harper, supra. Accordingly, this direct appeal is

hereby DISMISSED.

Court of Appeals of the State of Georgia 05/11/2016 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.