Anderson v. State, 554 S.E.2d 811 (Ga. Ct. App. 2001). · Go Syfert
Anderson v. State, 554 S.E.2d 811 (Ga. Ct. App. 2001). Cases Citing This Book View Copy Cite
24 citation events (24 in the last 25 years) across 1 distinct court.
Strongest positive: Allen Adams v. State (gactapp, 2012-05-21)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) Allen Adams v. State
Ga. Ct. App. · 2012 · confidence medium
Adams previously filed an appeal from the denial of his motion to modify the sentence.2 In that appeal, Adams asserted errors regarding the propriety of a revocation order, the court’s failure to apply the rule of lenity, and other provisions of his sentence.3 We rejected Adams’s contentions, holding inter alia that he waived his right to challenge the conditions of his sentence because he had agreed to the sentence as part of a negotiated plea and the plea hearing transcript showed that 1 Shaw v. State, 302 Ga. App. 363, 364 (1) ( 691 SE2d 267 ) (2010) (footnotes and punctuation omitted).…
discussed Cited as authority (rule) Adams v. State
Ga. Ct. App. · 2012 · confidence medium
See Cooper v. State, 287 Ga. App. 901, 903 (2) ( 652 SE2d 909 ) (2007) (“Issues presented for the first time on appeal furnish nothing for us to review, for this is a court for correction of errors of law committed by the trial court where proper exception is taken, because one may not abandon an issue in the trial court and on appeal raise questions or issues neither raised nor ruled on by the trial court.”); Anderson v. State, 251 Ga. App. 785, 786 ( 554 SE2d 811 ) (2001).
discussed Cited as authority (rule) Ricky Labrew v. State
Ga. Ct. App. · 2012 · confidence medium
J., and Dillard, J., concur. 9 Anderson v. State, 251 Ga. App. 785, 786 ( 554 SE2d 811 ) (2001) (appellate review cannot be enlarged or transformed through switching, shifting, or mending one’s hold; function of Court of Appeals is to review errors of the lower courts, not to review assertions made by appellant and brought directly to this court); Daniels v. State, 244 Ga. App. 522, 523 ( 536 SE2d 206 ) (2000) (refusing to address issues which were not raised in the trial court). 6
discussed Cited as authority (rule) Labrew v. State
Ga. Ct. App. · 2012 · confidence medium
Anderson v. State, 251 Ga. App. 785, 786 ( 554 SE2d 811 ) (2001) (appellate review cannot be enlarged or transformed through switching, shifting, or mending one’s hold; function of Court of Appeals is to review errors of the lower courts, not to review assertions made by appellant and brought directly to this court); Daniels v. State, 244 Ga. App. 522, 523 ( 536 SE2d 206 ) (2000) (refusing to address issues which were not raised in the trial court).
discussed Cited as authority (rule) Brown v. State
Ga. Ct. App. · 2011 · confidence medium
“An appealing party may not use his brief to expand his enumeration of errors by arguing the incorrectness of a trial court’s ruling not mentioned in the enumeration.” (Footnote omitted.) Anderson v. State, 251 Ga. App. 785, 786 ( 554 SE2d 811 ) (2001).
cited Cited as authority (rule) Colson v. State
Ga. Ct. App. · 2011 · confidence medium
Anderson v. State, 251 Ga. App. 785, 786 ( 554 SE2d 811 ) (2001).
discussed Cited as authority (rule) Wright v. Department of Natural Resources
Ga. Ct. App. · 2002 · confidence medium
Appellate review cannot be enlarged or transformed through switching, shifting, or mending one’s hold.” (Punctuation and footnotes omitted.) Anderson v. State, 251 Ga. App. 785, 786 ( 554 SE2d 811 ) (2001).
Retrieving the full opinion text from the archive…
Anderson
v.
the State
A01A1117.
Court of Appeals of Georgia.
Oct 9, 2001.
554 S.E.2d 811
Tony C. Anderson, pro se., Paul L. Howard, Jr., District Attorney, Bettieanne C. Hart, Shawn D. McAllister, Assistant District Attorneys, for appellee.
Phipps, Smith, Barnes.
Cited by 12 opinions  |  Published
Phipps, Judge.

Tony Curtis Anderson, pro se, appeals the trial court’s order dismissing his motion to have his life sentence vacated and to be resentenced on the ground that the sentence was imposed without a presentence hearing. Because the term of court had expired and Anderson failed to present a ground to the trial court that his sentence was void, the trial court’s refusal to entertain Anderson’s motion was proper. Additional claims of error in Anderson’s appellate reply and supplemental briefs are not properly before us. We therefore affirm.

In September 1980, Anderson was convicted of rape, kidnapping,[*786] and armed robbery. He received sentences of imprisonment for life, ten years, and twenty years, respectively. After his motion for new trial was denied, this court affirmed his conviction on February 2, 1984. [1] In June 1990, Anderson filed a pro se motion to have his life sentence declared void, which the trial court denied in July 1990. On October 24, 2000, Anderson filed a pro se “motion to conduct a presentence hearing as required under O.C.G.A. § 17-10-2 (a),” wherein he alleged that the sentencing court had failed to conduct a presentence hearing. He also claimed his trial lawyer had rendered ineffective assistance of counsel by not seeking a hearing. The trial court dismissed the motion, determining that it did not have jurisdiction to modify a sentence after the expiration of the term of court during which the sentence was entered unless the sentence was void and that any alleged failure to conduct a presentence hearing would not have voided Anderson’s life sentence, citing Williams v. .State. 2 This ruling, which Anderson appeals here, was correct. Moreover, the record shows that a presentence hearing was conducted.

Decided October 9, 2001. Tony C. Anderson, pro se. Paul L. Howard, Jr., District Attorney, Bettieanne C. Hart, Shawn D. McAllister, Assistant District Attorneys, for appellee.

Finally, in reply and supplemental briefs to this court, Anderson attempts to expand his enumeration of errors by making claims not involving entitlement to a presentence hearing. An appealing party may not use his brief to expand his enumeration of errors by arguing the incorrectness of a trial court’s ruling not mentioned in the enumeration. [3] “[A]ppellate review cannot be enlarged or transformed through switching, shifting, or mending one’s hold.” [4] “This court’s function is to review errors of the lower courts, not to review assertions made by appellant and brought directly to this court.” [5]

Judgment affirmed.

Smith, P. J., and Barnes, J., concur.
1

Anderson v. State, 169 Ga. App. 729 (314 SE2d 735) (1984).

3

Felix v. State, 271 Ga. 534, 539, in. 6 (523 SE2d 1) (1999); Gunsby v. State, 248 Ga. App. 18, 22 (3) (545 SE2d 56) (2001).

4

Williams v. State, 208 Ga. App. 153, 154 (1) (430 SE2d 42) (1993).

5

(Punctuation and footnote omitted.) Daniels v. State, 244 Ga. App. 522, 523-524 (536 SE2d 206) (2000).