Court of Appeals of the State of Georgia ATLANTA,_________________ May 25, 2012 The Court of Appeals hereby passes the following order: A12A1796. JOHN TYSON v. THE STATE.

In 2008, John Tyson pled guilty to statutory rape and two counts of child molestation. In 2011, he filed a “Motion to Dismiss Illegal/Void Sentence.” In the motion, Johnson argued that his sentence was illegal because no crime had been committed. The trial court denied the motion, and Tyson appeals. “[A] petition to vacate or modify a judgment of conviction is not an appropriate remedy in a criminal case.” Harper v. State, 286 Ga. 216, 218 (1) (686 SE2d 786) (2009). Any appeal from an order denying or dismissing such a motion must be dismissed. See Harper, supra; Roberts v. State, 286 Ga. 532 (690 SE2d 150) (2010).

Further, a direct appeal may lie from an order denying or dismissing a motion to correct a void sentence, but only if the defendant raises a colorable claim that the sentence is, in fact, void or illegal. See Harper, supra at n.1; 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).

Tyson does not argue that his sentence exceeded legal limits; rather he contends that his guilty plea was invalid because his counsel was ineffective and because no crime was committed. Because Tyson has not raised a colorable argument that his sentence is void, this appeal is DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia 05/25/2012 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.