Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Matherlee v. State

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

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

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.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
Client Services/Hospitality Representative - Florida Office

CLIENT SERVICES/Hospitality REPRESENTATIVE-FLORIDA OFFICE Prominent mid-Atlantic law firm with multiple regional office locations seeks a f...


Apply Now ›
Legal Practice Assistant - Florida Office

Prominent mid-Atlantic law firm with multiple regional office locations seeks a legal practice assistant (LPA) for our Boca Raton, FL. Offic...


Apply Now ›
Litigation Associate - Philadelphia, PA

Description: Fox Rothschild has an opening in the Philadelphia, PA office for a litigation associate. The ideal candidate will have two to t...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements