Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Frazier v. State

The defendant could not directly appeal the denial of his motion to vacate and correct his senetnce, because he did not present a colorable claim that his sentence was void.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

David E. Frazier appeals from the order of the Superior Court of DeKalb County denying his motion to vacate and to correct his sentence. Frazier contends his concurrent twenty-year prison terms for two counts of child molestation, which were imposed following a retrial, are illegal and void because they were the result of judicial vindictiveness. For reasons that follow, we lack jurisdiction to consider Frazier’s arguments. We are compelled, therefore, to dismiss his appeal. The record shows that on February 27, 1998, a DeKalb County jury found Frazier guilty of two counts of child molestation for acts committed against the three-year-old daughter of his ex-girlfriend. See Frazier v. State , 241 Ga. App. 125 524 SE2d 768 1999. On April 22, 1998, the trial court sentenced Frazier to concurrent fifteen-year sentences. On November 8, 1999, this Court reversed the judgment of conviction, finding that the trial court improperly admitted certain evidence at trial. See id. at 127 1.

After his appeal but prior to his retrial in DeKalb County, Frazier was tried and convicted of three counts of child molestation in Fulton County. See Frazier v. State , 261 Ga. App. 508 583 SE2d 188 2003 Although the jury convicted Frazier on four courts of child molestation, the trial court found the evidence insufficient as to one count. Frazier’s convictions as to the remaining three counts were affirmed. On April 5, 2000, the Fulton County court sentenced Frazier to twenty-year terms of imprisonment as to each count, the sentences to run concurrently.

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
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Legalweek Leaders in Tech Law Awards 2025
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More
Go to Events Go to Webcasts
Legal Counsel

Title: Legal Counsel Reports to: Chief Executive Officer (CEO) FLSA Status: Exempt, Full Time Supervisory Responsibility: N/A Location: Remo...


Apply Now ›
Associate Position

Blume Forte Fried Zerres and Molinari 1 Main Street Chatham, NJ 07945Prominent Morris County Law Firm with a state-wide personal injury prac...


Apply Now ›
ASSOCIATE ATTORNEY DEFENSE LITIGATION

d Arcambal Ousley & Cuyler Burk, LLP, a well-established women-owned litigation firm, has an opening in our Parsippany, NJ office. We of...


Apply Now ›
Go to Lawjobs