FEW v. State
311 Ga. App. 608
| Ga. Ct. App. | 2011Background
- Few was convicted in 1999 of selling cocaine and sentenced as a recidivist to life in prison.
- The Sentence Review Panel later reduced his sentence to 20 years.
- Few's conviction was previously affirmed on other grounds.
- Few argued the State failed to prove he was represented by counsel during a prior guilty plea on which the recidivist sentence was based.
- The court held the challenge moot because the modified sentence falls within statutory limits for the offense.
- The Court dismissed the appeal as the issue is moot under Georgia law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Few's sentence is void for lack of counsel proof | Few argues the prior plea representation was not proven. | State contends the issue is moot after sentence modification. | Moot; no reversible error given the 20-year sentence within statutory range. |
Key Cases Cited
- Jones v. State, 278 Ga. 669, 604 S.E.2d 483 (2004) (Ga. 2004) (sentence within statutory range not void; not reviewable)
- Bennett v. State, 292 Ga.App. 382, 665 S.E.2d 365 (2008) (Ga. App. 2008) (if sentence within statutory limits, appellate review not required)
- Clark v. State, 301 Ga.App. 354, 687 S.E.2d 593 (2009) (Ga. App. 2009) (mootness rule: no benefit to reversal renders issue moot)
- Moseley, 284 Ga. 128, 663 S.E.2d 679 (2008) (Ga. 2008) (Sentence Review Panel authority and constitutionality discussed)