Quillian D. Smith v. State

Opinion

Court of Appeals of the State of Georgia

June 25, 2014 ATLANTA,__________________

The Court of Appeals hereby passes the following order:

A14A1930. QUILLIAN D. SMITH v. THE STATE.

In 1994, Quillian D. Smith pled guilty to kidnapping, aggravated assault, and attempted armed robbery. He later filed a motion to vacate illegal sentence, arguing that the aggravated assault and attempted armed robbery charges should have merged. The trial court denied the motion, and Smith appeals.1 An 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). Smith’s merger argument is a challenge to his convictions, not to his sentence. See Williams v. State, 287 Ga. 192 (695 SE2d 244) (2010). Because Smith has not raised a valid void-sentence claim, we lack jurisdiction to consider this appeal. See Roberts v. State, 286 Ga. 532 (690 SE2d 150) (2010); Harper, supra. Accordingly, this appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia 06/25/2014 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.

1 Smith appealed to the Supreme Court, which transferred the case here upon finding that jurisdiction was not proper there.