CONWELL v. the STATE.
344 Ga. App. 67
| Ga. Ct. App. | 2017Background
- Loudon Conwell was convicted of rape, aggravated assault with intent to rape, and two counts of false imprisonment; trial court found him a recidivist and imposed life plus additional consecutive terms.
- This Court previously affirmed the convictions in an unpublished opinion; Conwell later filed a motion to vacate an illegal sentence, which the trial court denied.
- Conwell challenged (1) his recidivist designation based on two predicate pleas entered the same day, (2) the legality of a 20-year straight term for aggravated assault with intent to rape, and (3) other alleged sentencing/conviction defects including merger and constitutional challenges to the rape statute.
- The trial court had sentenced each predicate offense on separate indictments and separate orders, although two guilty pleas were entered the same day.
- The appeal focuses on whether the recidivist enhancement and the form of the aggravated-assault sentence complied with Georgia law and whether other challenges were cognizable in a motion to correct an illegal sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether two guilty pleas entered same day count as two convictions for recidivist treatment under OCGA § 17-10-7(d) | Conwell: pleas entered same day should count as one conviction | State: convictions arose from separate incidents, indictments, and separate sentencing orders, so they are distinct for recidivist treatment | Court: Affirmed recidivist status; separate incidents/indictments/sentencing orders are not "consolidated" |
| Whether 20-year straight term for aggravated assault with intent to rape is illegal under OCGA § 17-10-6.2(b) | Conwell: statute requires a split sentence with at least one year probated for listed sexual offenses | State: 20 years is permissible total punishment | Court: Vacated as to this part; resentencing required to impose split sentence with at least one year probated while preserving 20-year total |
| Whether merger/multiple-conviction claims are correctible in a motion to correct illegal sentence | Conwell: convictions should have merged under OCGA § 16-1-7(a) | State: such challenges attack conviction validity and are not proper in an illegal-sentence motion | Court: Dismissed these claims as improper for motion to correct illegal sentence |
| Whether constitutional defects in the rape statute can be raised in this motion | Conwell: rape conviction invalid due to constitutional defects in statute | State: constitutional/statutory validity of conviction not subject to motion to correct illegal sentence | Court: Dismissed as not cognizable in this procedural vehicle |
Key Cases Cited
- Becoats v. State, 318 Ga. App. 262 (separate incidents/indictments/sentencing orders mean offenses are not "consolidated" for recidivist purposes)
- State v. Riggs, 301 Ga. 63 (split-sentence requirement under OCGA § 17-10-6.2(b) applies to listed sexual offenses)
- Watkins v. State, 336 Ga. App. 145 (same — probation component required for certain sexual-offense sentences)
- Williams v. State, 287 Ga. 192 (claims attacking conviction validity are not proper in a motion to correct an illegal sentence)
- Nazario v. State, 293 Ga. 480 (confirming limits on relief available via an illegal-sentence motion)