Rodolfo Jimenez Peralta v. State

Court of Appeals of the State of Georgia

ATLANTA,__________________ June 24, 2014

The Court of Appeals hereby passes the following order: A14A1660. RODOLFO JIMENEZ PERALTA v. THE STATE.

Rodolfo Jimenez Peralta was convicted of kidnapping, and we affirmed his conviction on appeal. Peralta v. State, 312 Ga. App. 414 (718 SE2d 326) (2011). He later filed a motion to correct his allegedly void sentence, alleging that there were errors in the indictment process. The trial court denied the motion, and Peralta appeals. While a direct appeal may lie from an order denying or dismissing a motion to correct a void sentence, this is true only if the defendant raises a colorable claim that the sentence is, in fact, void or illegal. See Harper v. State, 286 Ga. 216, 217-218 (1)(686 SE2d 786) (2009); Burg v. State, 297 Ga. App. 118, 119 (676 SE2d 465) (2009). A sentence is void only when the trial court imposes punishment that the law does not allow. Jordan v. State, 253 Ga. App. 510, 511 (1) (559 SE2d 528) (2002). “Motions to vacate a void sentence generally are limited to claims that – even assuming the existence and validity of the conviction for which the sentence was imposed – the law does not authorize that sentence, most typically because it exceeds the most severe punishment for which the applicable penal statute provides.” Von Thomas v. State, 293 Ga. 569, 572 (2) (748 SE2d 446) (2013). Here, Peralta has not raised a colorable claim that his sentence is void. Rather, his challenge attacks the validity of his conviction. Accordingly, this appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia 06/24/2014 Clerk’s Office, Atlanta,__________________ I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.