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Ross v. State

Appeal dismissed because the law-of-the-case rule barred appellant's claim.

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After a bench trial before the Douglas County Superior Court, Matthew Ross, III was found guilty of possession of cocaine, possession of a firearm by a convicted felon, and possession of a firearm during the commission of a felony. We affirmed those convictions in Ross v. State ,1 and Ross now appeals the trial court’s denial of his motion to enter a valid judgment of sentence. For the reasons set forth infra , we dismiss Ross’s appeal. On April 25, 2006, Ross moved pro se for the trial court to vacate and correct his sentence on the basis that it was void. Specifically, Ross argued that because the State allegedly proved his prior felony convictions to support his conviction on the charge of being a convicted felon in possession of a firearm, it could not then use those same prior convictions to sentence him as a recidivist.2 The trial court denied this motion on May 1, 2006, and according to Ross, he filed a timely notice of appeal from this order. However, because there was no evidence in the record that Ross filed a timely notice of appeal, this Court found that it had no jurisdiction, and, in an October 20, 2009 order A09A2044, we granted the State’s motion to dismiss the appeal.3

On February 26, 2010, Ross filed a “Motion to Enter Valid Judgement sic of Conviction and Sentence” with the trial court, in which he, once again, argued that his sentence was void. Finding that this motion was “substantially the same motion” that Ross filed in April 2006 from which he failed to timely appeal, the trial court denied it. Thereafter, Ross filed a timely notice of appeal, which the State has moved to dismiss.

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