Court of Appeals of Georgia December 21, 2012, A12A1704 (Valldeparas v. State)

Adams, Judge.

Carlos E. Valldeparas appeals from the trial court’s dismissal of his pro se “Motion to Modify Sentence” as untimely. Valldeparas argues on appeal that the Superior Court of Gwinnett County erred, and his appointed counsel was ineffective, in failing to construe his motion as one for habeas corpus and thus in failing to address the motion on its merits.