Court of Appeals

of the State of Georgia

ATLANTA,____________________

The Court of Appeals hereby passes the following order:

A17A0757. MICHAEL PARTEE v. THE STATE.

In 1996, Michael Partee pled guilty to two counts of possession of cocaine with

intent to sell. In 2010, the trial court denied Partee’s “Motion to Correct Illegal

Sentence/Judgment,” from which Partee filed an appeal. This Court dismissed

Partee’s appeal because he did not raise a valid void sentence claim. See Partee v.

State, Case No. A12A0085 (decided September 13, 2011). Partee subsequently filed

a “Motion to Correct and Clarify Conviction,” which the trial court denied in 2015.

Partee filed an application for discretionary appeal from that order, which this Court

dismissed on res judicata grounds because he had raised the same issue in his

previous appeal.

1 See Partee v. State, Case No. A16D0355 (decided May 13, 2016). 

Thereafter, Partee, who concedes that his sentence is correct, asked the trial

court to reconsider its denial of his motion to correct and clarify the conviction. The

trial court denied the motion to reconsider. Partee then filed an application for

discretionary appeal and two notices of direct appeal from that order, one to the

Supreme Court and one to this Court. We dismissed Partee’s direct appeal on the

grounds that the denial of a motion for reconsideration is not directly appealable, his

appeal was barred by res judicata, and his appeal was untimely. See Partee v. State,

Case No. A17A0377 (decided Oct. 27, 2016). In addition, the Supreme Court

transferred both Partee’s direct appeal and application for discretionary appeal to this

Court. We dismissed the application for discretionary appeal on the ground that our

1 Partee filed a motion for reconsideration of this Court’s dismissal order,

which was denied on June 8, 2016.

January 12, 2017
rulings in the prior appeals were res judicata. See Partee v. State, Case No.

A17D0002 (decided Aug. 19, 2016). 

Before us now is the direct appeal transferred from the Supreme Court.

Because, as we stated in Case No. A17A0377, the denial of a motion for

reconsideration is not directly appealable, Bell v. Cohran, 244 Ga. App. 510, 511

(536 SE2d 187) (2000), and because “[i]t is axiomatic that the same issue cannot be

relitigated ad infinitum,” Echols v. State, 243 Ga. App. 775, 776 (534 SE2d 464)

(2000), we lack jurisdiction over this transferred direct appeal. The State’s motion to

dismiss this direct appeal is hereby GRANTED, and this appeal is hereby

DISMISSED.

Given that Partee hasfiled several prior mattersin thisCourtseeking to address

the same issue, this appeal isfrivolous. This Court is empowered to impose sanctions

upon a party who files a frivolous appeal. See Court of Appeals Rule 7. We thus

caution Partee against filing future frivolous matters in this Court as such will result

in the imposition of sanctions.

Court of Appeals of the State of Georgia

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.

01/12/2017