Jones v. State
322 Ga. App. 269
Ga. Ct. App.2013Background
- Jones pleaded guilty to a child molestation charge in 1995 under first offender treatment, with other counts dismissed and a five-year probation.
- Before probation ended, the state sought adjudication of guilt for probation violations; in 1997 the court found violations, adjudicated guilt, and sentenced Jones to imprisonment.
- Jones filed a notice of appeal in 1997, which the trial court dismissed as discretionary under OCGA § 5-6-35.2.
- In 2012, pro se, Jones moved to set aside the 1997 void order, arguing lack of counsel at the probation revocation; the court denied, and he sought appellate counsel, which was also denied.
- Jones challenged the denials on appeal, arguing his sentence was void and that appellate counsel should have been appointed; the court affirmed in part and dismissed in part.
- The court held that the 2012 motion did not provide a basis to vacate the sentence or conviction, that coram nobis/audita quera law did not authorize relief, and that appellate counsel was not required for the post-conviction challenges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 2012 motion to set aside a void order challenges the conviction as void | Jones contends the conviction is void due to lack of counsel at probation revocation. | State argues such motion cannot vacate a void conviction and seeks dismissal. | Motion improper; appeal dismissed. |
| Whether coram nobis/audita quela relief permits vacating a guilty plea conviction | Jones cites coram nobis/audita to hollowly vacate the conviction. | Harper v. State bars coram nobis/audita for voiding a conviction; only statutory remedies apply. | Not applicable; remedy not available for guilty plea. |
| Whether the 1997 notice of appeal from probation revocation remains a valid direct appeal of the child molestation conviction | Jones argues the 1997 notice of appeal remains viable for direct appeal. | The 1997 notice of appeal, being dismissed, cannot be revived to appeal the conviction. | Not viable; direct appeal dismissed. |
| Whether the trial court properly denied appointment of appellate counsel | Jones seeks appointment of appellate counsel for post-judgment challenges. | Rooney v. State allows counsel only for trial and direct appeal; no appointment for these post-judgment motions. | Trial court correctly denied appellate counsel. |
Key Cases Cited
- Dean v. State, 177 Ga. App. 123 (1985) (discretionary appeal procedures for probation revocation)
- Harper v. State, 286 Ga. 216 (2009) (overruled Chester; coram nobis not proper for void judgments; remedies are statutory)
- Wright v. State, 277 Ga. 810 (2004) (appeal rights and motion timing in context of post-conviction relief)
- Rooney v. State, 287 Ga. 1 (2010) (indigent defendants entitled to counsel for trial and direct appeal only)
- Seabrook v. State, 315 Ga. App. 801 (2012) (coram nobis/audita quela distinctions and post-conviction pleadings)