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Brundidge v. State

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

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Mario Brundidge, pro se, appeals from an order dismissing his motion to withdraw a 1997 guilty plea and denying his motion to vacate a void judgment. For the reasons that follow, we affirm. In 1997, Brundidge entered a first-offender guilty plea to a six-count indictment related to the theft of two automobiles. In 2005, Brundidge pleaded guilty to a 54-count indictment alleging armed robberies, hijacking a vehicle, kidnapping, attempted rape, firearms charges, and other violent charges. That indictment included a recidivist statement alleging that he had been convicted of the 1997 felonies as well as a 2003 felony count of fleeing to elude a police officer.

In the case before us, Brundidge in 2008 filed a pro se motion to withdraw his 1997 guilty plea, which he argued supported certain charges in the 2005 indictment based on his status as a felon.1 He also moved to vacate his 2005 conviction. The trial court dismissed his motion to withdraw and denied his motion to vacate, giving rise to this appeal.

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