Joseph Q. Boone v. State
CourtCourt of Appeals of Georgia
Date FiledAugust 17, 2026
DocketA27A0128
StatusPublished
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Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
August 17, 2026
The Court of Appeals hereby passes the following order:
A27A0128. JOSEPH Q. BOONE v. THE STATE.
Following a jury trial, Joseph Q. Boone was convicted of criminal attempt to
commit child molestation, trafficking of a person for sexual servitude, computer
pornography, obscene internet contact with a child, and criminal attempt to commit
sexual exploitation of a child. On appeal from the denial of Booneโs motion for new
trial, this Court reversed his convictions for obscene internet contact with a child and
criminal attempt to commit sexual exploitation of a child and affirmed the remaining
convictions. Boone v. State, 371 Ga. App. 207 (899 SE2d 811) (2024). Boone
subsequently filed a motion to set aside judgment, in which he claimed that the
indictment failed to sufficiently allege the charged crimes. The trial court dismissed
the motion, and Boone filed this direct appeal. We lack jurisdiction.
A challenge to an indictment is a challenge to a criminal conviction. Jones v.
State, 290 Ga. App. 490, 494(2) (659 SE2d 875) (2008). As the Supreme Court of
Georgia has made clear, a post-conviction motion challenging the validity of a
conviction and seeking to set aside or vacate the same is not a valid procedure in a
criminal case. Williams v. State, 283 Ga. 94, 94-95 (656 SE2d 144) (2008). Thus, any
effort to appeal from the denial or dismissal of such a motion must be dismissed.
Roberts v. State, 286 Ga. 532, 532 (690 SE2d 150) (2010); Harper v. State, 286 Ga. 216,
218(2) (686 SE2d 786) (2009).
Accordingly, this appeal is hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerkโs Office, Atlanta,____________________
08/17/2026
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.