Von Thomas v. State

Summary

The Supreme Court of Georgia held that a defendant may not use an untimely motion to vacate a sentence of imprisonment to attack a prior conviction used as a recidivist predicate by recasting a denial-of-counsel claim as a claim that the sentence is void. Because objections to the validity of prior convictions — including that the defendant was denied the assistance of counsel — are waivable, they cannot amount to claims that the sentence imposes punishment the law does not allow, and the sentencing court therefore lacked jurisdiction to reach the merits of a motion filed nearly five years after sentencing. The Court rejected the argument that its burden-allocation holding in Nash compelled a different result, vacated the Court of Appeals' judgment, and remanded with direction that the motion be dismissed.