Isaac Rolewis Pearson v. State

Court of Appeals of the State of Georgia

ATLANTA,____________________ December 21, 2017

The Court of Appeals hereby passes the following order: A18D0233. ISAAC ROLEWIS PEARSON v. THE STATE.

In 2000, Isaac Rolewis Pearson was found guilty of kidnapping, burglary, armed robbery, aggravated assault, aggravated battery, hijacking a motor vehicle, and possession of a firearm during the commission of a felony. On appeal, Pearson’s convictions were affirmed, but five of his ten firearm possession counts were merged into other offenses. See Pearson v. State, 258 Ga. App. 651 (574 SE2d 820) (2002), affirmed in part and reversed in part by State v. Marlowe, 277 Ga. 383 (589 SE2d 69) (2003). In July 2017, Pearson filed a motion to vacate the verdict, arguing that his right to a trial by a fair and impartial jury was violated. The trial court denied the motion, and Pearson filed this application for discretionary appeal. We lack jurisdiction. First, Pearson has failed to provide a filed “stamped” copy of the trial court’s denial order with his application, as required by Court of Appeals Rule 31 (c). Without such a copy of the order, we cannot ascertain if the application was filed within 30 days of the day the order was entered by the trial court clerk, which is a jurisdictional prerequisite. See OCGA § 5-6-35 (d); Boyle v. State, 190 Ga. App. 734 (380 SE2d 57) (1989).

Second, “a petition to vacate or modify a judgment of conviction is not an appropriate remedy in a criminal case[,]” and any appeal from an order denying such a motion must be dismissed. Harper v. State, 286 Ga. 216 (686 SE2d 786) (2009); see also Grant v. State, 159 Ga. App. 2, 3 (282 SE2d 668) (1981) (a motion to set aside a verdict and judgment is not an appropriate remedy in a criminal case). Accordingly, Pearson’s application is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 12/21/2017 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.