Simpson v. State

Summary

The Georgia Supreme Court affirmed the denial of Gary Simpson’s motion in arrest of judgment. The court held that the motion was untimely because it had to be filed during the term in which the 2002 convictions were obtained, and a later order addressing merger of offenses did not constitute a new judgment triggering a new filing period.

Holdings

1. The trial court's order purporting to partially grant Simpson's motion to vacate the convictions and set aside the sentences was a nullity because the motion attacked the convictions as void, and such a motion is not authorized in a criminal case. Therefore, the order could not constitute a new judgment of conviction.
2. The motion in arrest of judgment was untimely because OCGA § 17-9-61(b) required it to be filed during the term in which the 2002 judgment was obtained, and the 2011 order did not create a new judgment or new filing term.

Questions Presented

1. Whether the trial court's June 2, 2011 order on Simpson's motion to vacate the convictions and set aside the sentences constituted a new judgment of conviction.
2. Whether Simpson's June 13, 2011 motion in arrest of judgment was timely under OCGA § 17-9-61(b).

Disposition

affirmed