Calvin Smith v. State

Court of Appeals of the State of Georgia ATLANTA,____________________ May 17, 2016 The Court of Appeals hereby passes the following order: A16A1128. CALVIN SMITH v. THE STATE. In 2011, Calvin Smith pled guilty to kidnapping and aggravated battery. In December 2015, he filed a Motion to Vacate Void Sentence, contending that the state failed to prove venue.1 The trial court denied the motion, and Smith appeals. Despite its caption, Smith’s motion is, in substance, an effort to set aside or vacate his convictions. But as the Supreme Court has made clear, a post-conviction motion seeking to…