Tyrone Walker v. State

Court of Appeals of Georgia

Tyrone Walker v. State

DecidedJanuary 10, 2019

DocketA19A0732

StatusPublished

This text of Tyrone Walker v. State (Tyrone Walker 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.

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Tyrone Walker v. State, (Ga. Ct. App. 2019).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ January 09, 2019

The Court of Appeals hereby passes the following order:

A19A0732. TYRONE WALKER v. THE STATE.

Tyrone Walker was convicted of two counts of rape, four counts of aggravated child molestation, three counts of aggravated sodomy, and two counts of child molestation. We affirmed his convictions on direct appeal. Walker v. State, 322 Ga. App. 158, 159 (744 SE2d 349) (2013). In 2018, Walker filed a motion to set aside void judgment, which the trial court denied. Walker then filed this appeal. We, however, lack jurisdiction. 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 Walker 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,____________________ 01/09/2019 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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Court of Appeals of the State of Georgia

ATLANTA,____________________ January 09, 2019

The Court of Appeals hereby passes the following order:

A19A0732. TYRONE WALKER v. THE STATE.

Tyrone Walker was convicted of two counts of rape, four counts of aggravated child molestation, three counts of aggravated sodomy, and two counts of child molestation. We affirmed his convictions on direct appeal. Walker v. State, 322 Ga. App. 158, 159 (744 SE2d 349) (2013). In 2018, Walker filed a motion to set aside void judgment, which the trial court denied. Walker then filed this appeal. We, however, lack jurisdiction. 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 Walker 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,____________________ 01/09/2019 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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Tyrone Walker v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tyrone-walker-v-state-gactapp-2019.

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