Manuel Miguel Rivera v. State

Opinion

Court of Appeals of the State of Georgia

ATLANTA,__________________ June 25, 2013

The Court of Appeals hereby passes the following order:

A13A1964. MANUEL MIGUEL RIVERA v. THE STATE.

In 2008, Manuel Miguel Rivera pled guilty to multiple offenses, including armed robbery, aggravated assault, kidnapping, and false imprisonment. In 2013, Rivera filed a “Motion to Correct a Void Sentence,” alleging that his sentences for aggravated assault, kidnapping, and false imprisonment should have been merged. The trial court denied the motion, and Rivera appeals. A direct appeal may lie from an order denying a motion to correct a void sentence if the defendant raises a colorable claim that the sentence is, in fact, void or illegal. See Harper v. State, 286 Ga. 216, n.1 (686 SE2d 786) (2009); Burg v. State, 297 Ga. App. 118, 119 (676 SE2d 465) (2009). Rivera’s merger argument, however, is a challenge to his convictions, not to his sentence. See Williams v. State, 287 Ga. 192 (695 SE2d 244) (2010). As the Supreme Court has made clear, a post-conviction motion to vacate an allegedly void criminal conviction is not one of the established procedures for challenging the validity of a judgment in a criminal case, and an appeal from the trial court’s ruling on such a petition should be dismissed. See Roberts v. State, 286 Ga. 532 (690 SE2d 150) (2010). For these reasons, Rivera’s appeal is hereby DISMISSED. See id. Court of Appeals of the State of Georgia 06/25/2013 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.