DANIELS v. the STATE.
809 S.E.2d 473
Ga. Ct. App.2018Background
- Christopher Daniels pleaded guilty (negotiated plea) to seven counts of child molestation (reduced from aggravated child molestation) and ten counts of statutory rape in May 2016.
- The plea agreement recommended an overall 30-year sentence with the first 15 years to be served in confinement; the trial court adopted that recommendation.
- The court sentenced Daniels to concurrent 15-year terms of imprisonment on each child molestation count followed by concurrent 15-year terms of probation on each statutory rape count.
- Daniels filed a post-sentencing motion (May 8, 2017) to vacate his sentence/withdraw his plea/reduce sentence; the trial court denied the motion and he appealed.
- The legal issue centers on OCGA § 17-10-6.2(b), which requires a split sentence (minimum imprisonment plus at least one year probation) for certain sexual offenses and bars probationing the mandatory minimum for some offenses.
- The State conceded error; the Court of Appeals vacated the sentence and remanded for resentencing under OCGA § 17-10-6.2.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sentence was void for failing to impose the split sentence required by OCGA § 17-10-6.2(b) | Daniels: sentence is void because the trial court did not impose the statutorily required split sentences (minimum confinement + probation) | State: conceded the trial court erred and remand is appropriate | Court: Vacated entire sentence; remanded for resentencing to comply with § 17-10-6.2(b) |
| Whether probation-only sentences on statutory rape counts committed after Daniels turned 21 were valid | Daniels: probation-only terms are void because § 17-10-6.2(b) prohibits probating the mandatory minimum for such offenses | State: conceded error | Court: Probation-only sentences on the two counts committed at age 21 were void |
| Whether the court could lawfully deviate from the mandatory minimum under a negotiated plea | Daniels: argued sentence should reflect plea agreement (30 years, first 15 in confinement) | State: noted plea agreement but conceded statutory requirements control absent proper written deviation findings | Court: Deviation requires written findings under § 17-10-6.2(c)(2); none were made, so deviation was improper |
| Whether the trial court retained authority to correct a void sentence post-judgment | Daniels: sought correction as void sentence at any time | State: did not contest court's authority | Court: Agreed a trial court may correct a void sentence at any time and did so by vacating and remanding |
Key Cases Cited
- Spargo v. State, 332 Ga. App. 410 (recognizing a court may correct a void sentence at any time)
- New v. State, 327 Ga. App. 87 (invalidating sentence for failure to impose required split sentence)
- Clark v. State, 328 Ga. App. 268 (interpreting § 17-10-6.2(b) split-sentence requirement)
- State v. Riggs, 301 Ga. 63 (addressing concurrency/sequence options for split sentences)
- Thomas v. State, 272 Ga. App. 279 (holding probation-only sentence void where statute bars probating mandatory minimum)