Georgia Court of Appeals, 2014

Frank Berman v. State

Frank Berman v. State
Georgia Court of Appeals · Decided February 4, 2014

Frank Berman v. State

Opinion

Court of Appeals of the State of Georgia ATLANTA,__________________ February 04, 2014 The Court of Appeals hereby passes the following order: A14A0913. FRANK BERMAN v. THE STATE.

Frank Berman was convicted of two counts of child molestation and one count of aggravated child molestation, and his convictions were affirmed on appeal. See Berman v. State, Case No. A13A1437 (decided October 31, 2013). After the case was remanded, Berman filed a “Motion to Set-Aside a Void Judgment,” claiming that the indictment was flawed and he received ineffective assistance of counsel. The trial court denied the motion, and Berman 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).

Because Berman is not authorized to collaterally attack his conviction in this manner, this appeal is subject to dismissal. See Matherlee v. State, 303 Ga. App. 765 (694 SE2d 665) (2010). Accordingly, this appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia 02/04/2014 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.

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