Norman Eugene Parker v. State

• Court: Court of Appeals of Georgia
• Decided: August 13, 2018
• Docket: A18A2099
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ August 07, 2018

The Court of Appeals hereby passes the following order:

A18A2099. NORMAN EUGENE PARKER v. THE STATE.

Following a jury trial, Norman Eugene Parker was convicted of entering an automobile with intent to commit theft and obstruction of a law enforcement officer. This Court affirmed his convictions on direct appeal. Parker v. State, Case No. A14A0656 (affirmed June 18, 2014). In September 2017, Parker filed a motion to vacate a void sentence, claiming that his sentences were void because the trial court erred in imposing consecutive sentences and erred in sentencing him as a recidivist. The trial court dismissed the motion on April 17, 2018, and Parker filed this appeal on May 25, 2018. Pretermitting whether Parker may directly appeal the trial court’s order,1 Parker’s appeal is untimely. A notice of appeal must be filed within 30 days after entry of the order to be appealed. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. Rowland v. State, 264 Ga. 872, 872 (1) (452 SE2d 756) (1995). Here, Parker filed his

1 An appeal may lie from an order denying a motion to vacate 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, 217 n.1 (1) (686 SE2d 786) (2009); Burg v. State, 297 Ga. App. 118, 119 (676 SE2d 465) (2009). A sentence is void only if it imposes punishment that the law does not allow. Crumbley v. State, 261 Ga. 610, 611 (1) (409 SE2d 517) (1991). “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). notice of appeal 38 days after the trial court’s dismissal order. Accordingly, this appeal is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 08/07/2018 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.