Frazier v. State

Ellington, Judge.

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…