Cedric Kimbrough v. State ( 2016 )


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  • Court of Appeals
    of the State of Georgia
    ATLANTA,____________________
    December 23, 2015
    The Court of Appeals hereby passes the following order:
    A16A0653. CEDRIC KIMBROUGH v. THE STATE.
    Cedric Kimbrough was convicted for selling cocaine and cocaine trafficking,
    and his conviction was affirmed on appeal. See Kimbrough v. State, 
    215 Ga. App. 303
    (450 SE2d 457) (1994). Kimbrough subsequently filed a motion to “vacate/correct
    void sentence,” which the trial court denied. Kimbrough appealed the ruling, and we
    vacated the ruling and remanded to the trial court to dismiss rather than deny the
    motion. See Kimbrough v. State, 
    325 Ga. App. 519
     (754 SE2d 109) (2014).
    Following remittitur, the trial court entered an order dismissing the motion, and
    Kimbrough filed this appeal.1
    Kimbrough has already had one appeal in this Court in which he challenged the
    legality of his sentence. He is not entitled to another. “It is axiomatic that the same
    issue cannot be relitigated ad infinitum. The same is true of appeals of the same issue
    on the same grounds.” Echols v. State, 
    243 Ga. App. 775
    , 776 (534 SE2d 464)
    (2000); see also Jordan v. State, 
    253 Ga. App. 510
    , 511 (2) (559 SE2d 528) (2002).
    Our ruling in the prior appeal is res judicata. See Hook v. Bergen, 
    286 Ga. App. 258
    ,
    261 (1) (649 SE2d 313) (2007). Thus, Kimbrough is estopped from seeking further
    judicial review on this issue. See id.; see also Ross v. State, 
    310 Ga. App. 326
    , 328
    (713 SE2d 438) (2011) (law of the case rule bars successive void sentence appeals).
    Accordingly, this appeal is hereby DISMISSED.
    1
    Kimbrough filed his appeal in the Supreme Court, which transferred the matter
    to this Court.
    Court of Appeals of the State of Georgia
    12/23/2015
    Clerk’s Office, Atlanta,____________________
    I certify that the above is a true extract from
    the minutes of the Court of Appeals of Georgia.
    Witness my signature and the seal of said court
    hereto affixed the day and year last above written.
    , Clerk.
    

Document Info

Docket Number: A16A0653

Filed Date: 1/11/2016

Precedential Status: Precedential

Modified Date: 1/11/2016