Opinion
A22A0158
09-17-2021
VICTOR CALLAHAN v. THE STATE.
The Court of Appeals hereby passes the following order:
Victor Callahan was convicted of kidnaping, armed robbery, and hijacking a motor vehicle, and his convictions were affirmed on appeal. See Callahan v. State, 250 Ga.App. 193 (550 S.E.2d 757) (2001). He subsequently filed a motion to set aside the judgment, claiming that the judgment is void because there is no record of his indictment being returned in open court. The trial court dismissed the motion, and Callahan filed this appeal. We, however, lack jurisdiction.
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. See Williams v. State, 287 Ga. 192, 192 (695 S.E.2d 244) (2010); Roberts v. State, 286 Ga. 532, 532 (690 S.E.2d 150) (2010). Because Callahan's motion is an improper collateral attack on his conviction, this appeal is hereby DISMISSED.