Mark Victor Walton v. State
A18A0048
Ga. Ct. App.Sep 15, 2017Background
- In 1996 Mark Victor Walton was convicted by a jury of armed robbery, kidnapping, and possession of a knife during a felony and sentenced to life without parole.
- Walton's convictions were previously affirmed on direct appeal. (Walton v. State, 242 Ga. App. 639)
- In May 2017 Walton filed a motion styled as a motion to correct "null and void/illegal sentences" under OCGA § 17-9-4 seeking relief from his life-without-parole sentence and challenging aspects of the sentencing process and the kidnapping conviction.
- The trial court denied Walton's motion on May 30, 2017.
- Walton filed a notice of appeal on June 30, 2017, 31 days after the trial court's order.
- The Court of Appeals dismissed the appeal for lack of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of appeal | Walton appealed the denial of his motion; filed notice 31 days after order | Court: notice of appeal must be filed within 30 days under OCGA § 5-6-38(a) | Appeal untimely; court lacks jurisdiction |
| Validity of void-sentence claim | Walton argued sentencing errors (court failed to exercise discretion; state failed to give notice of using priors; new statute not communicated) rendered sentence void | State argued sentences are within statutory range and procedural defects do not make sentence void | Claims do not show sentence is void; not a colorable void-sentence claim |
| Procedural notice regarding priors and statutes | Walton claimed lack of notice of intent to use priors and lack of notice about new statute authorizing life without parole | State: notice issues are procedural, not substantive, and do not void a sentence | Procedural notice failures do not render sentence void; cannot support direct appeal |
| Challenge to kidnapping conviction via motion to vacate/modify | Walton sought vacatur of kidnapping conviction in this collateral filing | State: petition to vacate/modify is not an appropriate remedy; such challenges must follow proper procedures | Motion was improper vehicle; appeal from its denial is dismissed |
Key Cases Cited
- Rowland v. State, 264 Ga. 872 (timeliness of appeal is jurisdictional)
- Harper v. State, 286 Ga. 216 (direct appeal from denial of void-sentence motion requires a colorable void claim)
- Burg v. State, 297 Ga. App. 118 (same rule on void-sentence appeals)
- von Thomas v. State, 293 Ga. 569 (void-sentence motions limited to sentences unauthorized by law)
- Jones v. State, 278 Ga. 669 (sentence within statutory range is not void)
- Ward v. State, 299 Ga. App. 63 (procedural notice failures do not render sentences void)
- Roberts v. State, 286 Ga. 532 (limits on appeals from improper vacatur/modify petitions)
- Walton v. State, 242 Ga. App. 639 (prior direct-appeal decision affirming convictions)