Freddy Lester Richards v. State, A20A2095

Richards pled guilty in two cases: (1) possession of a firearm by a convicted felon (5-year sentence; first 6 months confined, remainder probated); (2) violating the Georgia Controlled Substances Act (3-year sentence; first year confined, remainder probated, plus $1,500 fine).
In December 2019 the trial court revoked Richards’s probation in both cases.
In February 2020 Richards filed pro se “motions to reduce/modify sentence,” arguing the probation revocation was erroneous (including credit-for-time-served calculations) and that sentence end dates were incorrect.
The trial court denied the motions and Richards appealed directly to the Court of Appeals.
The Court of Appeals dismissed the appeal for lack of jurisdiction for two reasons: (1) challenges to probation revocation require an application for discretionary appeal rather than a direct appeal; (2) challenges to an original sentence after the statutory modification period require a colorable void-sentence claim, which Richards did not raise.
The opinion notes that disputes over credit-for-time-served are handled by the Department of Corrections, with further relief (if needed) available via mandamus, injunction, or habeas corpus.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Richards could directly appeal the revocation of his probation	Richards contended the revocation was erroneous and challenged credit/time calculations	Underlying subject is probation revocation, which requires an application for discretionary appeal	Court: direct appeal improper; discretionary appeal required
Whether Richards could directly appeal alleged errors in sentence end-dates/credit after statutory period	Richards argued sentence end-dates were wrong due to credit-for-time-served errors	Trial court lacked authority to modify sentences after statutory window unless sentence is void; claim is not a colorable void-sentence claim	Court: not a colorable void claim; direct appeal unavailable; seek DOC or other post‑conviction remedies

Self v. Bayneum, 265 Ga. 14 (underlying subject matter controls proper appellate procedure)
Todd v. State, 236 Ga. App. 757 (probation revocation appeals require discretionary appeal)
White v. State, 233 Ga. App. 873 (same)
Frazier v. State, 302 Ga. App. 346 (limits on trial court modifying sentence after statutory period)
Jones v. State, 278 Ga. 669 (post-period relief limited to void sentences)
Cutter v. State, 275 Ga. App. 888 (credit-for-time-served disputes handled by Department of Corrections)
Maldonado v. State, 260 Ga. App. 580 (mandamus/habeas/injunction are remedies for DOC credit disputes)