Donald L. Woodruff v. State

Court of Appeals of the State of Georgia ATLANTA,____________________ June 16, 2017 The Court of Appeals hereby passes the following order: A17A1757. DONALD L. WOODRUFF v. THE STATE. A jury found Donald L. Woodruff guilty of several drug offenses, and his conviction was affirmed on appeal. See Woodruff v. State, 339 Ga. App. 707 ( 792 SE2d 471 ) (2016). Woodruff subsequently filed a “Motion to Vacate a Void Judgment and Illegal Sentence Under OCGA § 17-9-4.” The trial court dismissed the motion, and Woodruff filed this direct appeal. Although a direct appeal may lie from an order denying or dismissing a motion to correct a void sentence, a defendant must first raise a colorable claim that the sentence is, in fact, void or illegal. See Harper v. State, 286 Ga. 216, n.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. See Jordan v. State, 253 Ga. App. 510, 511 (1) ( 559 SE2d 528 ) (2002). Here, Woodruff does not assert that the trial court imposed a sentence the law does not allow. Rather, he takes issue with the fairness of his underlying conviction. The Supreme Court has made clear, however, 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.” Roberts v. State, 286 Ga. 532 ( 690 SE2d 150 ) (2010). Accordingly, we lack jurisdiction over this appeal, which is hereby DISMISSED. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 06/16/2017 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.