McPherson v. State

• Decision Date: 30 June 2022
• Docket Number: A22D0417
• Parties: BRENTREZ JARMYKUS MCPHERSON v. THE STATE.
• Court: Georgia Court of Appeals

BRENTREZ JARMYKUS MCPHERSON v. THE STATE.

No. A22D0417

Court of Appeals of Georgia

June 30, 2022

The Court of Appeals hereby passes the following order:

In 2013, Brentrez Jarmykus McPherson pled guilty to multiple offenses, including attempted rape. He has subsequently filed multiple pro se motions. On May 17, 2022, the trial court entered an order dismissing his "Motion to Attack Judgment as Null to Set Aside Illegal Guilty Plea for Lack of Jurisdiction 17-9-4." McPherson then filed this application for discretionary review. We, however, lack jurisdiction.

A post-conviction motion seeking to vacate an allegedly void conviction is not a valid procedure in a criminal case, and any appeal from the denial or dismissal of such a motion must be dismissed. See Williams v. State, 287 Ga. 192, 192 (695 S.E.2d 244) (2010); Roberts v. State, 286 Ga. 532, 532 (690 S.E.2d 150) (2010). Because McPherson's motion was an improper collateral attack on his conviction, this application for discretionary appeal is hereby DISMISSED.

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