Newby v. State

SMITH, Chief Judge.

Martin Benjamin Newby was convicted of child molestation, and his conviction was affirmed by this court in Newby v. State, 255 Ga. App. 356 (565 SE2d 565) (2002). After remittitur, Newby filed a pro se “Petition to Correct Void Judgment” alleging that the trial court improperly considered a prior conviction in sentencing. The trial court denied the petition, observing that “[t]his is an issue that Mr. Newby had an opportunity to take up in his appeal and is not now a matter for this Court to review.” Newby appeals pro se from this order, and we affirm.

“Where a sentence is…