Opinion
A22D0331
04-27-2022
MELVIN HARRIS v. THE STATE
The Court of Appeals hereby passes the following order:
Melvin Harris was convicted of rape and other crimes in 2005, and this Court affirmed his convictions on appeal. Harris v. State, 283 Ga.App. 374 (641 S.E.2d 619) (2007). In 2021, Harris filed a pro se motion to correct a void sentence and a "motion for nunc pro tunc order granting State's request to nolle prosequi" the rape charge. The trial court dismissed Harris's motions, and he filed this application for discretionary appeal. We lack jurisdiction.
Pretermitting whether Harris is entitled to challenge his rape conviction or his sentence in this manner, his application is untimely. To be timely, a discretionary application must be filed within 30 days of entry of the order to be appealed. OCGA § 5-6-35 (d); Hill v. State, 204 Ga.App. 582, 583 (420 S.E.2d 393) (1992). This statutory deadline is jurisdictional, and we cannot accept an application for appeal not made in compliance with OCGA § 5-6-35 (d). Boyle v. State, 190 Ga.App. 734, 734 (380 S.E.2d 57) (1989). The trial court's order was entered on November 5, 2021, and Harris filed this application on April 5, 2022, 151 days after entry of the trial court's order. Accordingly, Harris's application is untimely and is hereby DISMISSED.
To the extent that Harris seeks to challenge his conviction for rape, 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 Roberts v. State, 286 Ga. 532, 532 (690 S.E.2d 150) (2010); Harper v. State, 286 Ga. 216, 218 (1), (2) (686 S.E.2d 786) (2009). As to his void sentence claim, this Court has previously rejected Harris's claims that his sentence is void and has informed Harris that he is estopped from seeking further judicial review of this issue. See Case Nos. A16A1382 (July 15, 2016); A18A0438 (Dec. 21, 2017); A19A2357 (Aug. 5, 2019).