Opinion
A22A1510
07-11-2022
KYLE RICHARD BISHOP v. THE STATE.
The Court of Appeals hereby passes the following order:
In 2000, Kyle Richard Bishop was convicted of one count of child molestation, two counts of aggravated child molestation, and one count of aggravated sexual battery. This Court affirmed Bishop's convictions on direct appeal. Bishop v. State, 252 Ga.App. 211 (555 S.E.2d 504) (2001). On October 6, 2021, Bishop filed a "Motion to Dismiss Case for Lack of Jurisdiction Under 28 U.S.C. § 2072 and Civil Rule 60," wherein he asserted various problems with his indictment. The trial court dismissed the motion on October 20, 2021, and Bishop filed this appeal. We lack jurisdiction.
A challenge to the validity of an indictment is a challenge to a criminal conviction. See Jones v. State, 290 Ga.App. 490, 494 (2) (659 S.E.2d 875) (2008). Our 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. See Roberts v. State, 286 Ga. 532, 532 (690 S.E.2d 150) (2010); Harper v. State, 286 Ga. 216, 218 (2) (686 S.E.2d 786) (2009).
Thus, Bishop is not authorized to collaterally attack his conviction in this manner, and this appeal is hereby DISMISSED.