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Matherlee v. State

A petition to vacate a judgment of conviction is not an appropriate remedy in a criminal case.

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Jeffrey Matherlee appeals from the denial of his motion to vacate what he alleges is a void judgment in this criminal case. In his motion, Matherlee claimed that the trial court lacked jurisdiction to hear the probation revocation petition brought against him because the court allegedly decided the matter before the petition was filed. Accordingly, Matherlee argued, the revocation proceeding was a nullity and the resulting judgment is void. We hold that a motion to vacate a void judgment is not an appropriate remedy in this criminal case, and we dismiss the appeal. On February 21, 2003, Matherlee entered a negotiated plea of guilty to possession of cocaine. Matherlee’s sentence was probated pursuant to the First Offender Act.1 On June 30, 2003, the state served Matherlee with a petition for adjudication of guilt and imposition of sentence, alleging he violated certain conditions of his probation. On July 9, 2003, after a hearing, the trial court revoked Matherlee’s probation and entered an order adjudicating Matherlee guilty of the charged offense, sentencing him to confinement, and directing the clerk to enter the guilty conviction and sentence on the court record. Matherlee filed an application for discretionary appeal from the order, which this Court denied.

In 2008, Matherlee filed a Motion in Arrest of Judgment.2 The trial court denied the motion, specifically finding that Matherlee was served with the revocation petition in June 2003, “well in advance of the hearing,” and that the facts and circumstances of the hearing belied Matherlee’s claim that the petition was not filed until after the matter was heard and ruled upon.

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