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Younger v. State

Court of Appeals of Georgia
Feb 13, 2023
No. A23A0918 (Ga. Ct. App. Feb. 13, 2023)

Opinion

A23A0918

02-13-2023

DARRELL EUGENE YOUNGER v. THE STATE


The Court of Appeals hereby passes the following order:

In 2010, Darrell Eugene Younger pleaded guilty to armed robbery, cruelty to children in the first degree, and burglary. In November 2022, Younger filed a pro se "motion to set aside a void judgment." The trial court dismissed the motion, and Younger filed both an application for discretionary review and a notice of appeal from the trial court's order. We dismissed the application because filing a postconviction motion seeking to vacate an allegedly void conviction is not a valid procedure in a criminal case, and any appeal from the dismissal of such a motion must be dismissed. See A23D0225 (decided Feb. 9, 2023). This is the direct appeal from the dismissal order. We lack jurisdiction.

Because we dismissed Younger's discretionary application seeking review of the same order, the doctrine of res judicata bars him from seeking further appellate review of the trial court's order. See Norris v. Norris, 281 Ga. 566, 567-568 (2) (642 S.E.2d 34) (2007); see also Echols v. State, 243 Ga.App. 775, 776 (534 S.E.2d 464) (2000) ("It is axiomatic that the same issue cannot be relitigated ad infinitum.") (punctuation omitted). Accordingly, this appeal is hereby DISMISSED.


Summaries of

Younger v. State

Court of Appeals of Georgia
Feb 13, 2023
No. A23A0918 (Ga. Ct. App. Feb. 13, 2023)
Case details for

Younger v. State

Case Details

Full title:DARRELL EUGENE YOUNGER v. THE STATE

Court:Court of Appeals of Georgia

Date published: Feb 13, 2023

Citations

No. A23A0918 (Ga. Ct. App. Feb. 13, 2023)