Kenneth Johnson v. State

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ May 17, 2016

The Court of Appeals hereby passes the following order: A16D0352. KENNETH JOHNSON v. THE STATE.

A jury convicted Kenneth Johnson of aggravated assault, and his conviction was affirmed on appeal. See Johnson v. State, 326 Ga. App. 220 (756 SE2d 303) (2014). Thereafter, Johnson filed a pro se “Writ of Prohibition; Motion to Vacate Void Judgment and Default Judgment” arguing that his trial and conviction were the result of a conspiracy and that there were procedural irregularities that rendered his conviction void. The trial court denied the motion, and Johnson filed this application for discretionary appeal.

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). Therefore, Johnson is not authorized to collaterally attack his conviction in this manner. 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, this application is hereby DISMISSED.

Court of Appeals of the State of Georgia 05/17/2016

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.