Wheeler v. State

Supreme Court of Georgia
Wheeler v. State, 295 Ga. 118 (Ga. 2014)
757 S.E.2d 867; 2014 Fulton County D. Rep. 1172; 2014 WL 1593155; 2014 Ga. LEXIS 303
Thompson

Wheeler v. State

Opinion

Thompson, Chief Justice.

Following a jury trial, appellant Martin Wheeler was convicted of malice murder and aggravated assault in connection with the death of Pearl Johnson. His convictions were affirmed by this Court on appeal. See Wheeler v. State, 290 Ga. 817 (725 SE2d 580) (2012). In August 2013, appellant filed a motion in arrest of judgment which the trial court denied. Appellant appealed, and we affirm.

Appellant challenges the trial court’s denial of his motion in arrest of judgment in which he challenged the sufficiency of the evidence and alleged prosecutorial and judicial misconduct and violations of his fourth, fifth, sixth and fourteenth amendment rights during trial. Judgments on appellant’s convictions were entered on September 19, 2007, however, and his motion in arrest of judgment was filed on August 21,2013, more than six years after his judgments were entered. Amotion in arrest of judgment must be filed within the term of court in which the judgment was rendered. OCGA § 17-9-61 (b). Accordingly, appellant’s motion was not timely filed, and we do not address the merits, if any, of his motion. See Dasher v. State, 285 Ga. 308 (2) (676 SE2d 181) (2009); Mitchell v. State, 282 Ga. 416 (3) (651 SE2d 49) (2007).

*119 Decided April 22, 2014. Martin Wheeler, pro se. Joseph K. Mulholland, District Attorney, Samuel S. Olens, Attorney General, Patricia B. Attaway Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, for appellee.

Judgment affirmed.

All the Justices concur.

Reference

Full Case Name
Wheeler v. the State
Status
Published