Walter Parker, Jr. v. State

Opinion

Court of Appeals of the State of Georgia

ATLANTA,__________________ April 10, 2013

The Court of Appeals hereby passes the following order:

A13A1213. WALTER PARKER, JR. v. THE STATE.

Walter Parker pled guilty to aggravated assault. He later filed a “Motion to Vacate Void Judgment of Conviction and Sentence,” claiming that he had received ineffective assistance of counsel. The trial court denied the motion, and Parker appeals. “[A] petition to vacate or modify a judgment of conviction is not an appropriate remedy in a criminal case.” Harper v. State, 286 Ga. 216, 218 (1) (686 SE2d 786) (2009). Any appeal from an order denying or dismissing such a motion must be dismissed. See Harper, supra; Roberts v. State, 286 Ga. 532 (690 SE2d 150) (2010). A direct appeal may lie from an order denying or dismissing 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, supra at n.1; 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). A motion alleging ineffective assistance of counsel does not assert a ground upon which a sentence can be declared void. See Brown v. State, 297 Ga. App. 738 (678 SE2d 172) (2009). Because Parker has not raised a colorable claim that his sentence is void, this appeal is hereby DISMISSED. Court of Appeals of the State of Georgia 04/10/2013 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.