Arthur Shermaine Bussey v. State ( 2018 )


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  • Court of Appeals
    of the State of Georgia
    ATLANTA,____________________
    September 28, 2018
    The Court of Appeals hereby passes the following order:
    A19A0317. ARTHUR SHERMAINE BUSSEY v. THE STATE.
    In August 2005, Arthur Bussey entered an Alford1 plea to statutory rape, and
    the trial court imposed a sentence of six years in prison. The record contains no
    indication that Bussey filed a direct appeal from his judgment of conviction. In May
    2017, Bussey filed a “Motion to Challenge Jurisdiction,” contending that his
    conviction is void because his arrest warrant was invalid due to an inadequate
    affidavit, which, he claimed, deprived the trial court of personal jurisdiction over him.
    In June 2018, he filed a “Motion to Challenge Constitutionality of Arrest Affidavit
    and Issuance of Arrest Warrant” in which he raised identical claims. The trial court
    denied both motions in a single order, and Bussey filed this direct appeal.
    A post-conviction motion seeking to vacate an allegedly void conviction is not
    a valid procedure in a criminal case, and any appeal from the denial or dismissal of
    such a motion must be dismissed. Williams v. State, 
    287 Ga. 192
    , 192, 194 (695
    SE2d 244) (2010); Roberts v. State, 
    286 Ga. 532
    , 532 (690 SE2d 150) (2010).
    Consequently, Bussey’s appeal is hereby DISMISSED.
    Court of Appeals of the State of Georgia
    Clerk’s Office, Atlanta,____________________
    09/28/2018
    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.
    1
    North Carolina v. Alford, 
    400 U. S. 25
     (91 SCt 160, 27 LE2d 162) (1970).
    

Document Info

Docket Number: A19A0317

Filed Date: 10/17/2018

Precedential Status: Precedential

Modified Date: 10/17/2018