Steven Mark Johnson v. State

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ December 12, 2018

The Court of Appeals hereby passes the following order:

A19A0737. STEVEN MARK JOHNSON v. THE STATE.

A jury found Steven Mark Johnson guilty of rape, and his conviction was affirmed on appeal. See Johnson v. State, 328 Ga. App. 702 (760 SE2d 682) (2014). Years later, Johnson filed a motion to set aside a void judgment of conviction, arguing that the trial court lack jurisdiction. The trial court denied the motion, and Johnson filed this direct appeal.

The Supreme Court has made clear that 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” and that an appeal from the denial of such a motion is subject to dismissal. Roberts v. State, 286 Ga. 532, 532 (690 SE2d 150) (2010). Because Johnson is not authorized to collaterally attack his conviction in this manner, his appeal is hereby DISMISSED. See id.; Harper v. State, 286 Ga. 216, 218 (1) (686 SE2d 786) (2009); Matherlee v. State, 303 Ga. App. 765, 766 (694 SE2d 665) (2010).

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 12/12/2018

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.