Rodolfo Esquivel V.

Opinion

Court of Appeals of the State of Georgia

ATLANTA,_________________ June 19, 2012

The Court of Appeals hereby passes the following order:

A12A1923. RODOLFO ESQUIVEL v. THE STATE.

Rodolfo Esquivel was convicted in February 1997 of aggravated child molestation and sentenced to 30 years confinement. Over 15 years later, Esquivel

filed a motion to vacate his sentence, arguing that the sentence is void and unconstitutional because the State failed to prove venue at trial. The trial court

denied the motion, and this appeal followed. We lack jurisdiction. A direct appeal may lie from an order denying a motion

to correct a void sentence, but only 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 when the trial court imposes punishment that the law does not

allow. Jordan v. State, 253 Ga. App. 510, 511 (1) (559 SE2d 528) (2002). Esquivel does not argue that his sentence falls outside the permissible range of punishment. Accordingly, he has not raised a colorable void-sentence claim. Moreover, to the extent Esquivel challenges his conviction as void, we cannot

consider his claim. “[A] petition to vacate or modify a judgment of conviction is not an appropriate remedy in a criminal case.” Harper, supra at 218. Any appeal from an order denying such a motion must be dismissed. See id.; Roberts v. State, 286 Ga. 532 (690 SE2d 150) (2010). Accordingly, Esquivel’s appeal is hereby DISMISSED

for lack of jurisdiction. Court of Appeals of the State of Georgia 06/19/2012 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.