Opinion
A22D0157
12-28-2021
The Court of Appeals hereby passes the following order:
Doron Latrell Powers entered an Alford plea to one count of child molestation, and the trial court sentenced Powers to 20 years with eight to serve. Powers later filed a motion to vacate the trial court's judgment. The trial court dismissed the motion, and Powers filed this application for discretionary appeal.
North Carolina v. Alford, 400 U.S. 25 (91 S.Ct. 160, 27 L.Ed.2d 162) (1970).
The Supreme Court, however, 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. Roberts v. State, 286 Ga. 532, 532 (690 S.E.2d 150) (2010); see also Weaver v. State, 359 Ga.App. 784, 785 (1) (860 S.E.2d 96) (2021) ("a motion to vacate an allegedly void conviction is an improper mechanism in which to collaterally attack a conviction"). Because Powers is not authorized to collaterally attack his conviction in this manner, this application is hereby DISMISSED. See Roberts, 286 Ga. at 532; Harper v. State, 286 Ga. 216, 218 (2) (686 S.E.2d 786) (2009).