valid void-sentence claim in Georgia

2018See Williams v. State, 287 Ga. 192, 193-194 ( 695 SE2d 244 ) (2010) (a claim of failure to merge a conviction as a matter of fact is a challenge to a defendant’s conviction and not a valid void-sentence claim).

2018See Williams v. State, 287 Ga. 192, 193-194 ( 695 SE2d 244 ) (2010) (a claim of failure to merge a conviction as a matter of fact is a challenge to a defendant’s conviction and not a valid void-sentence claim).

2016Because Thomas has not raised a valid void-sentence claim, we lack jurisdiction to consider his appeal.1 See id.; Harper, supra, 286 Ga. at 218 (2).

2016Because Thomas has not raised a valid void-sentence claim, we lack jurisdiction to consider his appeal.1 See id.; Harper, supra, 286 Ga. at 218 (2).

2015Because Riggs has not raised a valid void-sentence claim, we lack jurisdiction to consider his appeal.1 See Roberts v. State, 286 Ga. 532 ( 690 SE2d 150 ) (2010); Harper, supra. Moreover, we have previously rejected Riggs’ _____________________ 1 Moreover, we note that Riggs raised a merger argument in his direct appeal.

2015Because Riggs has not raised a valid void-sentence claim, we lack jurisdiction to consider his appeal.1 See Roberts v. State, 286 Ga. 532 ( 690 SE2d 150 ) (2010); Harper, supra. Moreover, we have previously rejected Riggs’ _____________________ 1 Moreover, we note that Riggs raised a merger argument in his direct appeal.

2019See Jones, 278 Ga. at 670 (“[a]ssertions taking issue with the procedure employed in imposing a valid sentence or questioning the fairness of an imposed sentence do not allege a sentence is void”); Jones v. State, 290 Ga. App. 490, 493 (1) ( 659 SE2d 875 ) (2008) (challenge to indictment does not raise a valid void- sentence claim).

2019See Jones, 278 Ga. at 670 (“[a]ssertions taking issue with the procedure employed in imposing a valid sentence or questioning the fairness of an imposed sentence do not allege a sentence is void”); Jones v. State, 290 Ga. App. 490, 493 (1) ( 659 SE2d 875 ) (2008) (challenge to indictment does not raise a valid void- sentence claim).

2026Most typically, a valid void sentence claim is based on a sentence that is void “because it ex- ceeds the most severe punishment for which the applicable penal statute provides,” id. at 572 , but we have also recognized that a claim that a sentence is disproportionate under the Eighth Amendment is a void sentence claim that may be raised at any time.

2017See Von Thomas, supra; see Williams v. State, 287 Ga. 192, 193 ( 695 SE2d 244 ) (2010) (a merger argument does not constitute a valid void sentence claim).

2019See Jones, 278 Ga. at 670 (“[a]ssertions taking issue with the procedure employed in imposing a valid sentence or questioning the fairness of an imposed sentence do not allege a sentence is void”); Jones v. State, 290 Ga. App. 490, 493 (1) ( 659 SE2d 875 ) (2008) (challenge to indictment does not raise a valid void- sentence claim).

2014As the Supreme Court stated in Jones 1 Newby’s notice of appeal indicated that he was appealing to the Georgia Supreme Court, but that Court transferred the case to us after determining that the case is not a habeas corpus case and there is no other basis for the exercise of its jurisdiction. v. State, 278 Ga. 669 , 671 ( 604 SE2d 483 ) (2004), post-appeal “[r]ulings on pleadings asserting erroneous procedure or unfair treatment are not subject to direct appeal because they are not rulings on whether the sentence is void.” Because the post- appeal motion at issue here does not allege a ground

2024See Williams v. State, 287 Ga. 192, 193-194 ( 695 SE2d 244 ) (2010); Frazier v. State, 302 Ga. App. 346, 348-349 ( 691 SE2d 247 ) (2010).

2024See Williams v. State, 287 Ga. 192, 193-194 ( 695 SE2d 244 ) (2010); Frazier v. State, 302 Ga. App. 346, 348-349 ( 691 SE2d 247 ) (2010).

2018See Brown v. State, 295 Ga. App. 66, 67-68 ( 670 SE2d 867 ) (2008); OCGA § 16-7-1 (b) (20-year maximum sentence for burglary in the first degree for first-time offenders) Because Patterson has not raised a valid void-sentence claim, he is not entitled to a direct appeal, and this appeal is hereby DISMISSED for lack of jurisdiction.

2018See Brown v. State, 295 Ga. App. 66, 67-68 ( 670 SE2d 867 ) (2008); OCGA § 16-7-1 (b) (20-year maximum sentence for burglary in the first degree for first-time offenders) Because Patterson has not raised a valid void-sentence claim, he is not entitled to a direct appeal, and this appeal is hereby DISMISSED for lack of jurisdiction.

2023See von Thomas, 293 Ga. at 571 (2); Kimbrough v. State, 325 Ga. App. 519, 522 (1) ( 754 SE2d 109 ) (2014).

2023See von Thomas, 293 Ga. at 571 (2); Kimbrough v. State, 325 Ga. App. 519, 522 (1) ( 754 SE2d 109 ) (2014).

2021See Williams v. State, 287 Ga. 192, 193-194 ( 695 SE2d 244 ) (2010) (defendant’s “claim of failure to merge . . . is a challenge to his criminal conviction”); Gholston v. State, 327 Ga. App. 790, 791 ( 761 SE2d 189 ) (2014) (defendant’s claim that his convictions should have merged “is a claim challenging his convictions and not a claim that his resulting sentence was void”).

2021See Williams v. State, 287 Ga. 192, 193-194 ( 695 SE2d 244 ) (2010) (defendant’s “claim of failure to merge . . . is a challenge to his criminal conviction”); Gholston v. State, 327 Ga. App. 790, 791 ( 761 SE2d 189 ) (2014) (defendant’s claim that his convictions should have merged “is a claim challenging his convictions and not a claim that his resulting sentence was void”).

2017“Assertions taking issue with the procedure employed in imposing a valid sentence or questioning the fairness of an imposed sentence do not allege a sentence is void and therefore are not a means for post-appeal, post-§ 17-10-1 (f) sentence modification.” Jones, supra at 670 ; Jordan v. State, 253 Ga. App. 510, 511 (1) ( 559 SE2d 528 ) (2002) (allegation of ineffective assistance of counsel was not colorable void- sentence claim).

2017“Assertions taking issue with the procedure employed in imposing a valid sentence or questioning the fairness of an imposed sentence do not allege a sentence is void and therefore are not a means for post-appeal, post-§ 17-10-1 (f) sentence modification.” Jones, supra at 670 ; Jordan v. State, 253 Ga. App. 510, 511 (1) ( 559 SE2d 528 ) (2002) (allegation of ineffective assistance of counsel was not colorable void- sentence claim).

2016See Jones v. State, 290 Ga. App. 490, 493-494 (1), (2) ( 659 SE2d 875 ) (2008) (challenge to validity of indictment is challenge to conviction, not sentence); Coleman v. State, 305 Ga. App. 680, 680-681 ( 700 SE2d 668 ) (2010) (ineffective assistance of trial counsel does not constitute a valid void sentence claim).

2016See Jones v. State, 290 Ga. App. 490, 493-494 (1), (2) ( 659 SE2d 875 ) (2008) (challenge to validity of indictment is challenge to conviction, not sentence); Coleman v. State, 305 Ga. App. 680, 680-681 ( 700 SE2d 668 ) (2010) (ineffective assistance of trial counsel does not constitute a valid void sentence claim).

2013See Harper v. State, 286 Ga. 216 n.1 ( 686 SE2d 786 ) (2009) (appeal lies from motion to correct void sentence only where defendant raises a valid void-sentence claim); Burg v. v. State, 297 Ga. App. 118, 119 ( 676 SE2d 465 ) (2009).

2013See Harper v. State, 286 Ga. 216 n.1 ( 686 SE2d 786 ) (2009) (appeal lies from motion to correct void sentence only where defendant raises a valid void-sentence claim); Burg v. v. State, 297 Ga. App. 118, 119 ( 676 SE2d 465 ) (2009).

2012See Shelton v. State, 307 Ga. App. 599, 603 (3) (b) ( 705 SE2d 699 ) (2011); Reynolds v. State, 272 Ga. App. 91 ( 611 SE2d 750 ) (2005).

2012See Shelton v. State, 307 Ga. App. 599, 603 (3) (b) ( 705 SE2d 699 ) (2011); Reynolds v. State, 272 Ga. App. 91 ( 611 SE2d 750 ) (2005).

2014As the Supreme Court stated in Jones 1 Newby’s notice of appeal indicated that he was appealing to the Georgia Supreme Court, but that Court transferred the case to us after determining that the case is not a habeas corpus case and there is no other basis for the exercise of its jurisdiction. v. State, 278 Ga. 669 , 671 ( 604 SE2d 483 ) (2004), post-appeal “[r]ulings on pleadings asserting erroneous procedure or unfair treatment are not subject to direct appeal because they are not rulings on whether the sentence is void.” Because the post- appeal motion at issue here does not allege a ground

2013As the Supreme Court stated in Jones v. State, 278 Ga. 669, 671 ( 604 SE2d 483 ) (2004), post-appeal “[r]ulings on pleadings asserting erroneous procedure or unfair treatment are not subject to direct appeal because they are not rulings on whether the sentence is void.” Because the post-appeal motion at issue here does not allege a ground upon which the judgment of conviction entered against Newby can be declared void, Newby has not raised a valid void-sentence claim, and his appeal is subject to dismissal.

2026See Rooney v. State, 287 Ga. 1 , 1–3 (2010) (concluding that the appellant’s constitutional challenges to a sentencing statute were “properly the subject of a motion to vacate a void sentence” and that “a sentencing court retains jurisdiction to correct a void sentence at any time” (punctuation omitted)).

2022Although “a sentencing court has no power to modify a valid sentence of imprisonment after the term of court in which it was imposed has expired,” it does “possess[ ] inherent power to correct its records at any time to show the true intent of the sentencing court at the time the original sentence was imposed.” Griggs v. State, 314 Ga. App. 158, 159-160 (2) ( 723 SE2d 480 ) (2012) (citations and punctuation omitted); see also State v. Hart, 263 Ga. App. 8, 9 ( 587 SE2d 164 ) (2003).

2022Although “a sentencing court has no power to modify a valid sentence of imprisonment after the term of court in which it was imposed has expired,” it does “possess[ ] inherent power to correct its records at any time to show the true intent of the sentencing court at the time the original sentence was imposed.” Griggs v. State, 314 Ga. App. 158, 159-160 (2) ( 723 SE2d 480 ) (2012) (citations and punctuation omitted); see also State v. Hart, 263 Ga. App. 8, 9 ( 587 SE2d 164 ) (2003).

2022Although “a sentencing court has no power to modify a valid sentence of imprisonment after the term of court in which it was imposed has expired,” it does “possess[ ] inherent power to correct its records at any time to show the true intent of the sentencing court at the time the original sentence was imposed.” Griggs v. State, 314 Ga. App. 158, 159-160 (2) ( 723 SE2d 480 ) (2012) (citations and punctuation omitted); see also State v. Hart, 263 Ga. App. 8, 9 ( 587 SE2d 164 ) (2003).

2022Although “a sentencing court has no power to modify a valid sentence of imprisonment after the term of court in which it was imposed has expired,” it does “possess[ ] inherent power to correct its records at any time to show the true intent of the sentencing court at the time the original sentence was imposed.” Griggs v. State, 314 Ga. App. 158, 159-160 (2) ( 723 SE2d 480 ) (2012) (citations and punctuation omitted); see also State v. Hart, 263 Ga. App. 8, 9 ( 587 SE2d 164 ) (2003).

2020See Jones, 278 Ga. at 670-671 (“Assertions taking issue with the procedure employed in imposing a valid sentence or questioning the fairness of an imposed sentence do not allege a sentence is void and therefore are not a means for post-appeal, post-§ 17-10-1 (f) sentence modification.”); Ward v. State, 299 Ga. App. 63, 64 ( 682 SE2d 128 ).

2020See Jones, 278 Ga. at 670-671 (“Assertions taking issue with the procedure employed in imposing a valid sentence or questioning the fairness of an imposed sentence do not allege a sentence is void and therefore are not a means for post-appeal, post-§ 17-10-1 (f) sentence modification.”); Ward v. State, 299 Ga. App. 63, 64 ( 682 SE2d 128 ).

2017This Court has resolved this issue adversely to Floyd in Bowen v. State, 307 Ga. App. 204, 205 (2) ( 704 SE2d 436 ) (2010), in which we ruled that OCGA § 17-10-6.2 (b) “mandates a split sentence for sexual offenders that includes at least the minimum term of imprisonment.” (Emphasis in original.) Because Floyd has not raised a valid void-sentence claim, he is not entitled to a direct appeal, and this appeal is hereby DISMISSED.

2017This Court has resolved this issue adversely to Floyd in Bowen v. State, 307 Ga. App. 204, 205 (2) ( 704 SE2d 436 ) (2010), in which we ruled that OCGA § 17-10-6.2 (b) “mandates a split sentence for sexual offenders that includes at least the minimum term of imprisonment.” (Emphasis in original.) Because Floyd has not raised a valid void-sentence claim, he is not entitled to a direct appeal, and this appeal is hereby DISMISSED.

2016See Rooney v. State, 318 Ga. App. 385, 387 ( 734 SE2d 104 ) (2012).

2016See Rooney v. State, 318 Ga. App. 385, 387 ( 734 SE2d 104 ) (2012).

2016See Brown v. State, 297 Ga. App. 738 ( 678 SE2d 172 ) (2009) (challenge alleging ineffective assistance of counsel does not assert a ground upon which a conviction can be declared void); Jones v. State, 290 Ga. App. 490, 493 (1) ( 659 SE2d 875 ) (2008) (challenge regarding indictment does not raise a valid void sentence claim).

2016See Brown v. State, 297 Ga. App. 738 ( 678 SE2d 172 ) (2009) (challenge alleging ineffective assistance of counsel does not assert a ground upon which a conviction can be declared void); Jones v. State, 290 Ga. App. 490, 493 (1) ( 659 SE2d 875 ) (2008) (challenge regarding indictment does not raise a valid void sentence claim).

2016“Assertions taking issue with the procedure employed in imposing a valid sentence or questioning the fairness of an imposed sentence do not allege a sentence is void and therefore are not a means for post-appeal, post-§ 17-10-1 (f) sentence modification.” Jones, supra at 670 ; see also Crane v. State, 302 Ga. App. 422, 423 (2) (a) ( 691 SE2d 559 ) (2010) (sentence at odds with plea agreement fell within statutory guidelines and was not, therefore, void).

2016“Assertions taking issue with the procedure employed in imposing a valid sentence or questioning the fairness of an imposed sentence do not allege a sentence is void and therefore are not a means for post-appeal, post-§ 17-10-1 (f) sentence modification.” Jones, supra at 670 ; see also Crane v. State, 302 Ga. App. 422, 423 (2) (a) ( 691 SE2d 559 ) (2010) (sentence at odds with plea agreement fell within statutory guidelines and was not, therefore, void).

2016“Assertions taking issue with the procedure employed in imposing a valid sentence or questioning the fairness of an imposed sentence do not allege a sentence is void and therefore are not a means for post-appeal, post-§ 17-10-1 (f) sentence modification.” Jones, supra at 670 ; see also Foster v. State, 294 Ga. 400, 401 ( 754 SE2d 78 ) (2014) (challenge to trial court’s procedures regarding defendant’s mental competency was not colorable void-sentence claim); Jordan v. State, 253 Ga. App. 510, 511 (1) ( 559 SE2d 528 ) (2002) (allegation of ineffective assistance of counsel was not colorable voi

2016“Assertions taking issue with the procedure employed in imposing a valid sentence or questioning the fairness of an imposed sentence do not allege a sentence is void and therefore are not a means for post-appeal, post-§ 17-10-1 (f) sentence modification.” Jones, supra at 670 ; see also Foster v. State, 294 Ga. 400, 401 ( 754 SE2d 78 ) (2014) (challenge to trial court’s procedures regarding defendant’s mental competency was not colorable void-sentence claim); Jordan v. State, 253 Ga. App. 510, 511 (1) ( 559 SE2d 528 ) (2002) (allegation of ineffective assistance of counsel was not colorable voi