Ballard v. State
Ballard v. State
Opinion of the Court
Rico Lamar Ballard appeals pro se from the Superior Court of Fulton County's denial of his motion and amended motion in arrest of judgment, which Ballard filed many years after his 1996 murder conviction. We do not reach the merits of Ballard's claims, however, because the trial court lacked jurisdiction and should have dismissed his motion and amended motion. We therefore vacate the judgment and remand with direction for the trial court to do so.
A jury found Ballard guilty of murder and aggravated assault in the September 1995 shooting death of Jason Pitts, and he was sentenced to life in prison. Following the denial of his motion for new trial, Ballard timely appealed, and this Court affirmed his convictions. Ballard v. State,
Ballard now appeals, again arguing that the indictment was fatally defective, and also asserting that the trial court erred in ruling on his motions without holding an evidentiary hearing. While a motion in arrest of judgment may generally be the proper vehicle to assert that a non-amendable defect appears on the face of the indictment, OCGA § 17-9-61 (a),
*825OCGA § 17-9-61 (b) ; see McGee v. State,
Ballard was convicted on July 2, 1996, during the July term of court for the Fulton County Superior Court.
Judgment vacated and case remanded with direction.
All the Justices concur.
"A motion to arrest a judgment reaches only those defects appearing upon the face of the record and the 'face of the record' in a criminal case is the indictment, plea, verdict and judgment." (Citations omitted.) Gunn v. State,
The terms of court for the Fulton County Superior Court begin on the "[f]irst Monday in January, March, May, July, September, and November." OCGA § 15-6-3 (3).
Reference
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- BALLARD v. The STATE.
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