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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.

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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.

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