Parker v. State

Underwood, Judge.

The appellant, Parker, entered a plea of guilty of burglary in the Superior Court of Peach County on March 8, 1965 and was sentenced to five years confinement which he served. He is presently confined in the U. S. Penitentiary in Atlanta, Georgia for an unrelated offense. On January 8, 1979 Parker, proceeding pro se, filed a motion to vacate his 1965 conviction in Peach County. The motion was denied as being without merit and moot. Parker appealed.

A motion to vacate is not an appropriate remedy in a criminal case. Waye v. State, 239 Ga. 871, 874 (238 SE2d 923) (1977). In a…