Franks v. State, 323 Ga. App. 813

Franks pled guilty to 11 counts of armed robbery and received concurrent 25-year terms.
Franks moved to withdraw his guilty plea on August 14, 2012, arguing the sentences were illegal and void because they exceeded the statutory range.
The trial court acknowledged the 25-year sentences were improper but denied withdrawal and resentenced Franks.
Franks appealed, and the State agreed the plea withdrawal should have been permitted because the original sentences were void.
The appellate court reversed, holding an absolute right to withdraw a plea exists when a sentence is void, prior to resentencing.
The court concluded Franks stood in the plea-without-sentence position and therefore had the right to withdraw prior to resentencing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a void sentence affords an absolute right to withdraw a plea	Franks (Franks) argues void sentence gives right to withdraw plea.	State agrees trial court erred by denying withdrawal because sentences were void.	Yes; void sentences grant right to withdraw before resentencing.
Effect of void sentence on timing of withdrawal and resentencing	Franks may withdraw as if not sentenced after void sentence.	Withdrawal should occur prior to resentencing but was denied.	Withdrawal must be permitted before resentencing when sentences are void.

Hallford v. State, 289 Ga. App. 350, 351 (1) (657 SE2d 10) (Ga. App. 2008) ()
Simmons v. State, 315 Ga. App. 82, 83 (726 SE2d 573) (Ga. App. 2012) ()
Chester v. State, 284 Ga. 162 (1) (664 SE2d 220) (Ga. 2008) ()
Kaiser v. State, 285 Ga. App. 63, 68 (1) (646 SE2d 84) (Ga. App. 2007) ()
Spencer v. State, 309 Ga. App. 630, 631 (2) (710 SE2d 837) (Ga. App. 2011) ()