green
Positive treatment
Trending · 67 recent citers
Quoted verbatim 1×
44.7 score
“this court has a duty to inquire into its jurisdiction to review the errors alleged on appeal.”
Treatment trajectory · 2011 → 2026 · click a year to view as-of
2011
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Top citers, strongest first. 50 distinct citers.
examined
Cited as authority (quoted)
Pathfinder Payment Solutions, Inc. v. Global Payments Direct, Inc.
(2×)
this court has a duty to inquire into its jurisdiction to review the errors alleged on appeal.
discussed
Cited as authority (rule)
Cesar Solis v. State
(2×)
also: Cited "see"
“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.” Coleman v. State, 305 Ga. App. 680, 680-681 ( 700 SE2d 668 ) (2010) (citation and punctuation omitted).
discussed
Cited as authority (rule)
Eugene J. Howard v. State
See Williams v. State, 287 Ga. 192, 193-194 ( 695 SE2d 244 ) (2010) (defendant’s merger claim was a challenge to his conviction, not his sentence); Coleman v. State, 305 Ga. App. 680, 680 ( 700 SE2d 668 ) (2010) (because defendant’s claims of error “challenge only the procedures employed in imposing the sentence” entered on his guilty plea, they “do not raise a valid allegation that the sentence was void”).
discussed
Cited as authority (rule)
Sullivan Green, III v. State
However, “[a]ssertions taking issue with the procedure employed in imposing a valid sentence . . . do not allege a sentence is void[.]” Coleman v. State, 305 Ga. App. 680, 680-681 ( 700 SE2d 668 ) (2010) (punctuation omitted).
cited
Cited as authority (rule)
Robert Anthony Smith v. State
Coleman v. State, 305 Ga. App. 680, 680-681 ( 700 SE2d 668 ) (2010).
discussed
Cited as authority (rule)
Cecil Ray v. State
“Assertions taking issue with the procedure employed in imposing a valid sentence . . . do not allege a sentence is void[.]” Coleman v. State, 305 Ga. App. 680, 680-681 ( 700 SE2d 668 ) (2010) (punctuation omitted).
cited
Cited as authority (rule)
Christopher Conley v. State
Coleman v. State, 305 Ga. App. 680, 680-681 ( 700 SE2d 668 ) (2010).
cited
Cited as authority (rule)
Theron Croskey v. State
Coleman v. State, 305 Ga. App. 680, 680-681 ( 700 SE2d 668 ) (2010).
discussed
Cited as authority (rule)
John Michael Wigginton v. State
Wigginton did not argue that his sentence exceeded the bounds allowable under the law, but that it was based upon evidence that should not have been introduced at the sentencing hearing. “[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 . . .” (Citation omitted.) Coleman v. State, 305 Ga. App. 680, 680-681 ( 700 SE2d 668 ) (2010); see also Jones v. State, 278 Ga. 669 ( 604 SE2d 483 ) (2004).
cited
Cited as authority (rule)
Christopher A. Rice v. State
See Jones v. State, 278 Ga. 669, 670 ( 604 SE2d 483 ) (2004); Coleman v. State, 305 Ga. App. 680, 680-681 (700 1 See OCGA § 16-8-41 (b) (authorizing life imprisonment upon armed robbery conviction).
discussed
Cited as authority (rule)
James Hawes v. State
Although Hawes characterizes his sentence as void, “his claims of error do not present a colorable claim of voidness. [Hawes] therefore is not entitled to a direct appeal from the trial court’s denial of his motion, and we must dismiss.” (Citations omitted.) Coleman v. State, 305 Ga. App. 680, 681 ( 700 SE2d 668 ) (2010).
discussed
Cited as authority (rule)
Robert George Sanders, Jr. v. State
See 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).
discussed
Cited as authority (rule)
Jamil Leeper v. State
(2×)
also: Cited "see"
But "[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." (Citation and punctuation omitted.) Coleman v. State, 305 Ga. App. 680, 680-681 ( 700 SE2d 668 ) (2010).
discussed
Cited as authority (rule)
Timothy Bo Reese v. State
(2×)
also: Cited "see"
But “[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.” (Citation and punctuation omitted.) Coleman v. State, 305 Ga. App. 680, 680-681 ( 700 SE2d 668 ) (2010). 1 Reese appealed to the Supreme Court, which transferred the matter here upon finding no basis for subject matter jurisdiction there.
cited
Cited as authority (rule)
Gerrardo Luis Guzman v. State
Coleman v. State, 305 Ga. App. 680, 680-681 ( 700 SE2d 668 ) (2010) (punctuation omitted).
discussed
Cited as authority (rule)
Mario Arnesto Taylor v. State
(2×)
also: Cited "see"
But “[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.” (Citation and punctuation omitted.) Coleman v. State, 305 Ga. App. 680, 680-681 ( 700 SE2d 668 ) (2010).
discussed
Cited as authority (rule)
Charles Edwin Mason v. State
“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.” Coleman v. State, 305 Ga. App. 680, 680-681 ( 700 SE2d 668 ) (2010).
discussed
Cited as authority (rule)
Pascaul Feliciano v. State
(2×)
also: Cited "see"
“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.” (Citation and punctuation omitted.) Coleman v. State, 305 Ga. App. 680, 680-681 ( 700 SE2d 668 ) (2010).
discussed
Cited as authority (rule)
Pascaul Feliciano v. State
(2×)
also: Cited "see"
“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.” (Citation and punctuation omitted.) Coleman v. State, 305 Ga. App. 680, 680-681 ( 700 SE2d 668 ) (2010).
discussed
Cited as authority (rule)
Pascaul Feliciano v. State
(2×)
also: Cited "see"
“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.” (Citation and punctuation omitted.) Coleman v. State, 305 Ga. App. 680, 680-681 ( 700 SE2d 668 ) (2010).
discussed
Cited as authority (rule)
Tony E. Floyd v. State
“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.” (Citation and punctuation omitted.) Coleman v. State, 305 Ga. App. 680, 680-681 ( 700 SE2d 668 ) (2010).
discussed
Cited as authority (rule)
John Thurman v. State
“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.” (Citation and punctuation omitted.) Coleman v. State, 305 Ga. App. 680, 680-681 ( 700 SE2d 668 ) (2010).
discussed
Cited as authority (rule)
Anthony Abbott Sarvis Jr v. State
“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.” (Citation and punctuation omitted.) Coleman v. State, 305 Ga. App. 680, 680-681 ( 700 SE2d 668 ) (2010).
cited
Cited as authority (rule)
Joseph A. Herndon v. State
(Punctuation omitted.) Coleman v. State, 305 Ga. App. 680, 680-681 ( 700 SE2d 668 ) (2010).
cited
Cited as authority (rule)
Jerry Kuntakynita Wicker v. State
(Punctuation omitted.) Coleman v. State, 305 Ga. App. 680, 680-681 ( 700 SE2d 668 ) (2010).
cited
Cited as authority (rule)
James Wright v. State
(Punctuation omitted.) Coleman v. State, 305 Ga. App. 680, 680-681 ( 700 SE2d 668 ) (2010).
discussed
Cited as authority (rule)
James Otis Burden v. State
“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-OCGA §17-10-1 (f) sentence modification.” (Citation and punctuation omitted.) Coleman v. State, 305 Ga. App. 680, 680-681 ( 700 SE2d 668 ) (2010).
discussed
Cited as authority (rule)
Claretha Ross v. State
“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.” (Citation and punctuation omitted.) Coleman v. State, 305 Ga. App. 680, 680-681 ( 700 SE2d 668 ) (2010).
discussed
Cited as authority (rule)
Damien C. Bernard v. State
Jordan v. State, 253 Ga. App. 510, 511 (1) ( 559 SE2d 528 ) (2002). “[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 . . .” (Citation omitted.) Coleman v. State, 305 Ga. App. 680, 680-681 ( 700 SE2d 668 ) (2010); see also Jones v. State, 278 Ga. 669 ( 604 SE2d 483 ) (2004).
discussed
Cited as authority (rule)
Jose Pineda v. State
Jordan v. State, 253 Ga. App. 510, 511 (1) ( 559 SE2d 528 ) (2002). “[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 . . .” (Citation omitted.) Coleman v. State, 305 Ga. App. 680, 680-681 ( 700 SE2d 668 ) (2010); see also Jones v. State, 278 Ga. 669 ( 604 SE2d 483 ) (2004).
discussed
Cited as authority (rule)
James E. Guess v. State
Jordan v. State, 253 Ga. App. 510, 511 (1) ( 559 SE2d 528 ) (2002). “[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 . . .” (Citation omitted.) Coleman v. State, 305 Ga. App. 680, 680-681 ( 700 SE2d 668 ) (2010); see also Jones v. State, 278 Ga. 669 ( 604 SE2d 483 ) (2004).
discussed
Cited as authority (rule)
Angel Wilfredo Tavarez v. State
Jordan v. State, 253 Ga. App. 510, 511 (1) ( 559 SE2d 528 ) (2002). “[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. . . .” (Citation omitted.) Coleman v. State, 305 Ga. App. 680, 680-681 ( 700 SE2d 668 ) (2010); see also Jones v. State, 278 Ga. 669 ( 604 SE2d 483 ) (2004).
discussed
Cited as authority (rule)
Johnny Smith v. State
Instead, he claims that irrelevant and prejudicial evidence was introduced at the sentencing hearing, that the trial judge acted vindictively, and that he should have been convicted of a lesser included offense. “[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 . . .” (Citation omitted.) Coleman v. State, 305 Ga. App. 680, 680-681 ( 700 SE2d 668 ) (2010); see also Jones v. State, 278 Ga. 669 ( 604 SE2d 483 ) (2004).
discussed
Cited as authority (rule)
Donald Frank Hug, II v. State
Hug did not argue that his sentence exceeded the bounds allowable under the law, but that it was based upon evidence that should not have been introduced at the sentencing hearing. “[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 . . .” (Citation omitted.) Coleman v. State, 305 Ga. App. 680, 680-681 ( 700 SE2d 668 ) (2010); see also Jones v. State, 278 Ga. 669 ( 604 SE2d 483 ) (2004).
discussed
Cited as authority (rule)
Jason Torres v. Cassandra Elkin
It is well established that this Court has a solemn duty to inquire into our jurisdiction to review the errors enumerated on appeal,5 and it is a duty we do not take lightly.6 At the same time, this Court is also charged with avoiding the dismissal of an appeal and reaching the merits of a case whenever it is reasonable to do so.7 After conducting such an inquiry in this matter, we find that we have jurisdiction over this appeal. 4 See Waye, 289 Ga. App. at 84 . 5 See Coleman v. State, 305 Ga. App. 680, 680 ( 700 SE2d 668 ) (2010); Miller v. State, 264 Ga. App. 801, 802 ( 592 SE2d 450 ) (2003)…
discussed
Cited as authority (rule)
Willie Tells v. State
“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.” (Citation and punctuation omitted.) Coleman v. State, 305 Ga. App. 680, 680-681 ( 700 SE2d 668 ) (2010).
cited
Cited as authority (rule)
Rooney v. State
Coleman v. State, 305 Ga. App. 680, 680-681 ( 700 SE2d 668 ) (2010). 3.
discussed
Cited as authority (rule)
Ross v. State
Although the Supreme Court dismissed those appeals under the doctrine of res judicata as opposed to the law of the case, see State v. Mizell, 288 Ga. 474, 478 (3) ( 705 SE2d 154 ) (2011), the reasoning employed by the Supreme Court in those two opinions supports our holding in the case sub judice. 7 Moon, 287 Ga. at 309 (citation and punctuation omitted). 8 Coleman v. State, 305 Ga. App. 680, 680 ( 700 SE2d 668 ) (2010). 9 See n. 6; cf. Jordan v. State, 253 Ga. App. 510, 511 ( 559 SE2d 528 ) (2002) (holding that once a motion to vacate a void sentence has been raised and considered that decisi…
cited
Cited as authority (rule)
State v. Smith
(Emphasis supplied.) (Emphasis supplied.) Coleman v. State, 305 Ga. App. 680, 680 ( 700 SE2d 668 ) (2010) (citation and punctuation omitted); see also Miller u.
discussed
Cited "see"
Earnest Morrow v. State
(2×)
See Coleman v. State, 305 Ga. App. 680 , 680- 681 ( 700 SE2d 668 ) (2010).
discussed
Cited "see"
Marion Cordy v. State
(2×)
See Coleman v. State, 305 Ga. App. 680, 680-681 ( 700 SE2d 668 ) (2010); Ward v. State, 299 Ga. App. 63, 64-65 ( 682 SE2d 128 ) (2009).
discussed
Cited "see"
Christopher Williams v. State
(2×)
See Coleman v. State, 305 Ga. App. 680 ( 700 SE2d 668 ) (2010).
discussed
Cited "see"
David Johnson v. State
(2×)
See Coleman v. State, 305 Ga. App. 680 ( 700 SE2d 668 ) (2010).
discussed
Cited "see"
James Allen Cobb v. State
(2×)
See Coleman v. State, 305 Ga. App. 680 ( 700 SE2d 668 ) (2010).
discussed
Cited "see"
Darrell Simpson v. State
(2×)
See Coleman v. State, 305 Ga. App. 680 ( 700 SE2d 668 ) (2010).
discussed
Cited "see"
Edward Newsome v. State
(2×)
See Coleman v. State, 305 Ga. App. 680 ( 700 SE2d 668 ) (2010).
discussed
Cited "see"
Cardell Abrams v. State
(2×)
See Coleman v. State, 305 Ga. App. 680 ( 700 SE2d 668 ) (2010).
discussed
Cited "see"
Claretha Ross v. State
(2×)
See Coleman v. State, 305 Ga. App. 680 ( 700 SE2d 668 ) (2010).
discussed
Cited "see"
Christopher Jason Gray v. State
(2×)
See Coleman v. State, 305 Ga. App. 680 ( 700 SE2d 668 ) (2010).
discussed
Cited "see"
Sylvester Grace v. State
(2×)
See Coleman v. State, 305 Ga. App. 680 ( 700 SE2d 668 ) (2010).
Coleman
v.
the State
v.
the State
A10A1558.
Court of Appeals of Georgia.
Aug 25, 2010.
Brandon Coleman, pro se., Gwendolyn Keyes Fleming, District Attorney, for appellee.
Pope, Barnes, Blackburn.
Cited by 68 opinions | Published
Citer courts: Court of Appeals of Georgia (2)
On November 8, 2007, Brandon Coleman pled guilty to four counts of armed robbery and hijacking a motor vehicle. He was sentenced to serve a total of ten years of incarceration. [1] Almost two years later, Coleman filed a pro se “Motion to Correct Illegal Sentence.” The trial court denied the motion, from which Coleman appeals. Coleman contends that his plea was not intelligently and voluntarily entered; that his trial counsel rendered ineffective assistance; and that the trial court was not impartial and failed to order that witnesses be present for examination at the plea hearing. Because Coleman’s claims of error challenge only the procedures employed in imposing the sentence, and do not raise a valid allegation that the sentence was void, this appeal must be dismissed for lack of jurisdiction.
This Court has a duty to inquire into its jurisdiction to review the errors alleged on appeal. See Miller v. State, 264 Ga. App. 801, 802 (592 SE2d 450) (2003).
[A] sentence that is void for any reason is a mere nullity and may be vacated at any time in any court where it becomes material to the interest of the parties to consider it. Accordingly, the denial of a motion to correct or vacate a void sentence is directly appealable. However, in determining whether a purported motion to correct or vacate a void sentence is in fact such a motion, we look to the substance of the motion rather than its nomenclature. A sentence is only void when the trial court imposes a punishment that the law does not allow. When the sentence imposed falls within the statutory range of punishment, the sentence is not void and is not subject to post-appeal modification beyond that provided in OCGA § 17-10-1 (f). . . . [A]sser-[*681] tions 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-OCGA § 17-10-1 (f) sentence modification. Rather, a petition for writ of habeas corpus is the means for seeking sentence review for such allegations.
(Punctuation and footnotes omitted.) Mosley v. State, 301 Ga. App. 47, 48-49 (686 SE2d 833) (2009). See also Jones v. State, 278 Ga. 669, 670-671 (604 SE2d 483) (2004); Green v. State, 273 Ga. App. 654, 655 (615 SE2d 818) (2005).
Coleman’s ten-year sentence was within the statutory ranges of punishment. See OCGA §§ 16-5-44.1 (c); 16-8-41 (b). Although Coleman has characterized the sentence as “void,” his claims of error do not present a colorable claim of voidness. Coleman therefore is not entitled to a direct appeal from the trial court’s denial of his motion, and we must dismiss. See id. See also Burg v. State, 297 Ga. App. 118, 120 (676 SE2d 465) (2009).
Appeal dismissed.
1
Coleman was sentenced to ten years on each count, with all counts to run concurrently.