Opinion
A22A0123
03-15-2022
ARTHUR SHERMAINE BUSSEY v. THE STATE.
The Court of Appeals hereby passes the following order:
In 2002, Arthur Shermaine Bussey pled guilty to burglary and theft by receiving. In 2019, Bussey filed a motion challenging the validity of his arrest warrant. The trial court denied the motion and denied it again on reconsideration, and this Court dismissed Bussey's direct appeals of those two rulings. See Case Nos. A19A2089 (dismissed Oct. 17, 2019); A20A1652 (dismissed June 3, 2020). This Court explained in its dismissal orders that Bussey's motion was in substance a challenge to the validity of his conviction, but 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 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 (1) (686 S.E.2d 786) (2009).
In the instant appeal, Bussey seeks to challenge the trial court's denial of his challenge to the constitutionality of his indictment, which he filed in 2021. Bussey's challenge to the validity of the indictment is an attack upon his convictions. See Thompson v. State, 304 Ga. 146, 149 (3) (816 S.E.2d 646) (2018); Jones v. State, 290 Ga.App. 490, 494 (2) (659 S.E.2d 875) (2008). As stated above, an appeal from the denial of a motion collaterally attacking a conviction is subject to dismissal. See Roberts, 286 Ga. at 532; Harper, 286 Ga. at 218 (2); Matherlee v. State, 303 Ga. App. 765, 766 (694 S.E.2d 665) (2010). Accordingly, this appeal is hereby DISMISSED.
Bussey filed his notice of appeal to the Supreme Court, which transferred the case to this Court.