295 Ga. 118
FINAL COPY
S14A0534. WHEELER v. THE STATE.
THOMPSON, Chief Justice.
Following a jury trial, appellant Martin Wheeler was convicted of malice
murder and aggravated assault in connection with the death of Pearl Johnson.
His convictions were affirmed by this Court on appeal. See Wheeler v. State,
290 Ga. 817 (725 SE2d 580) (2012). In August 2013, appellant filed a motion
in arrest of judgment which the trial court denied. Appellant appealed, and we
affirm.
Appellant challenges the trial court’s denial of his motion in arrest of
judgment in which he challenged the sufficiency of the evidence and alleged
prosecutorial and judicial misconduct and violations of his fourth, fifth, sixth
and fourteenth amendment rights during trial. Judgments on appellant’s
convictions were entered on September 19, 2007, however, and his motion in
arrest of judgment was filed on August 21, 2013, more than six years after his
judgments were entered. A motion in arrest of judgment must be filed within
the term of court in which the judgment was rendered. OCGA § 17-9-61 (b).
Accordingly, appellant’s motion was not timely filed, and we do not address the
merits, if any, of his motion. See Dasher v. State, 285 Ga. 308 (2) (676 SE2d
181) (2009); Mitchell v. State, 282 Ga. 416 (3) (651 SE2d 49) (2007).
Judgment affirmed. All the Justices concur.
Decided April 22, 2014.
Murder, etc. Grady Superior Court. Before Judge Cato.
Martin Wheeler, pro se.
Joseph K. Mulholland, District Attorney, Samuel S. Olens, Attorney
General, Patricia B. Attaway Burton, Deputy Attorney General, Paula K. Smith,
Senior Assistant Attorney General, for appellee.
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