Opinion
A23A1180
03-30-2023
KENNETH WAYNE CLAY v. THE STATE.
The Court of Appeals hereby passes the following order:
In 2019, Kenneth Wayne Clay pleaded guilty to failing to register as a sex offender. Almost four years later, Clay filed an amended motion to suppress, arguing that the evidence against him was illegally obtained. The trial court dismissed the motion, and Clay filed this direct appeal. We lack jurisdiction.
This is not Clay's first appearance before this Court. Clay previously appealed an order denying a motion to correct an illegal and void sentence. We dismissed that appeal in an unpublished opinion. See Case No. A20A0720 (April 3, 2020).
Clay's post-plea motion to suppress evidence was, in substance, a challenge to his conviction. The Supreme Court has made clear that a petition to vacate or set aside a conviction is not an appropriate remedy in a criminal case. See Harper v. State, 286 Ga. 216, 218 (1) (686 S.E.2d 786) (2009); see also Wright v. State, 277 Ga. 810, 811 (596 S.E.2d 587) (2004). Because Clay is not authorized to collaterally attack his conviction in this manner, this appeal is hereby DISMISSED. See Harper, 286 Ga. at 218 (2).