Darrin Pressley v. State ( 2019 )


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  • Court of Appeals
    of the State of Georgia
    ATLANTA,____________________
    August 14, 2019
    The Court of Appeals hereby passes the following order:
    A20A0028. DARRIN PRESSLEY v. THE STATE.
    In 2012, a jury found Darrin Pressley guilty of criminal trespass, armed
    robbery, and two counts of aggravated assault, and the trial court imposed a total
    sentence of twelve years in prison, to be followed by eight years on probation. We
    affirmed his judgment of conviction in 2015. Pressley v. State, 
    331 Ga. App. 175
    ,
    (770 SE2d 266) (2015). In October 2018, Pressley filed a motion to vacate a void
    judgment, in which he raised several challenges to the validity of his convictions.
    The trial court denied the motion (which the court identified as a “Motion to Set
    Aside Order and Final Judgment”), and Pressley filed a direct appeal to the Supreme
    Court, which transferred the matter to this Court. We lack jurisdiction.
    “[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 petition or motion
    must be dismissed. See Roberts v. State, 
    286 Ga. 532
    , 532 (690 SE2d 150) (2010);
    Harper, 286 Ga. at 218 (2). Consequently, this appeal is hereby DISMISSED for lack
    of jurisdiction.
    Court of Appeals of the State of Georgia
    Clerk’s Office, Atlanta,____________________
    08/14/2019
    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.
    

Document Info

Docket Number: A20A0028

Filed Date: 8/21/2019

Precedential Status: Precedential

Modified Date: 8/21/2019