Steven Smith v. State
This text of Steven Smith v. State (Steven Smith v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Court of Appeals of the State of Georgia
ATLANTA,____________________ September 11, 2015
The Court of Appeals hereby passes the following order:
A15A2281. STEVEN SMITH v. THE STATE.
In 2009, Steven Smith pled guilty to voluntary manslaughter. In February 2015, Smith filed a pro se motion to vacate a void judgment, arguing that his arrest warrant was unlawful. The trial court denied the motion, and Smith filed this direct appeal. We lack jurisdiction. 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.” Roberts v. State, 286 Ga. 532 (690 SE2d 150) (2010). Because Smith is not authorized to collaterally attack his conviction in this manner, this appeal is subject to dismissal. See id.; see also Harper v. State, 286 Ga. 216, 218 (1) (686 SE2d 786) (2009) (overruling Chester v. State, 284 Ga. 162, 162-163 (2) (664 SE2d 220) (2008)); Matherlee v. State, 303 Ga. App. 765 (694 SE2d 665) (2010). Accordingly, Smith’s appeal is hereby DISMISSED.
Court of Appeals of the State of Georgia 09/11/2015 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.
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