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Sullivan v. State

Court of Appeals of Georgia
Jun 3, 2022
No. A22A1532 (Ga. Ct. App. Jun. 3, 2022)

Opinion

A22A1532

06-03-2022

MARIO R. SULLIVAN v. THE STATE.


The Court of Appeals hereby passes the following order:

In 2015, Mario R. Sullivan pleaded guilty to burglary, armed robbery, and other crimes. In May 2022, he filed a motion in which he essentially sought to quash the indictment. The trial court denied Sullivan's motion, and he filed this appeal. We lack jurisdiction.

We recently dismissed Sullivan's appeal from the denial of his motion for an out-of-time appeal. See Case No. A22A0622 (May 23, 2022).

A challenge to the validity of an indictment is a challenge to a criminal conviction. See Jones v. State, 290 Ga.App. 490, 494 (2) (659 S.E.2d 875) (2008). Our Supreme Court 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. See Roberts v. State, 286 Ga. 532, 532 (690 S.E.2d 150) (2010); Harper v. State, 286 Ga. 216, 218 (2) (686 S.E.2d 786) (2009).

Thus, Sullivan is not authorized to collaterally attack his conviction in this manner, and this appeal is hereby DISMISSED.


Summaries of

Sullivan v. State

Court of Appeals of Georgia
Jun 3, 2022
No. A22A1532 (Ga. Ct. App. Jun. 3, 2022)
Case details for

Sullivan v. State

Case Details

Full title:MARIO R. SULLIVAN v. THE STATE.

Court:Court of Appeals of Georgia

Date published: Jun 3, 2022

Citations

No. A22A1532 (Ga. Ct. App. Jun. 3, 2022)