Court of Appeals of the State of Georgia ATLANTA,__________________ November 21, 2013 The Court of Appeals hereby passes the following order: A14D0102. CHARLIE HORACE SCANDRETT, JR. v. THE STATE.

Charlie Horace Scandrett, Jr. was convicted of possession of cocaine, and we affirmed his conviction on appeal. Scandrett v. State, 244 Ga. App. 200 (534 SE2d 908) (2000). He later filed a motion to vacate a null and void conviction and sentence, which the trial court denied. Scandrett then filed this application for discretionary appeal. We, however, lack jurisdiction. “[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).

A direct appeal may lie from an order denying or dismissing a motion to vacate a void sentence, but only if the defendant raises a colorable claim that the sentence is, in fact, void. See Harper, supra at n.1; Burg v. State, 297 Ga. App. 118, 119 (676 SE2d 465) (2009). A sentence is void only if it imposes punishment that the law does not allow. Crumbley v. State, 261 Ga. 610, 611 (a) (409 SE2d 517) (1991). “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, __ Ga. __ (748 SE2d 446) (Case No. S13G0198, decided September 9, 2013).

In his motion, Scandrett argued that the state improperly charged him by accusation rather than indictment. This is a challenge to the validity of his conviction, not his sentence. Because Scandrett is precluded from attacking his conviction at this juncture and did not assert a colorable void-sentence claim, his application is hereby DISMISSED.

Court of Appeals of the State of Georgia 11/21/2013 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.