Gillespie v. State, 311 Ga. App. 442

Gillespie was convicted in Cobb County in 1993 of armed robbery and aggravated assault based on prior felony history.
In January 1995, the trial court imposed a life sentence for armed robbery and 20-year terms for the aggravated assaults.
Gillespie moved for a new trial; convictions were affirmed on direct appeal.
In July 2010, Gillespie, pro se, filed a motion to vacate and correct a void sentence in sentencing court.
The sentencing court denied the motion as within lawful limits, and Gillespie appealed directly.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the appeal requires vacatur/remand for lack of reasoning	Gillespie argues the order lacks reasoning and must be vacated/remanded	State asserts no vacatur/remand required	No vacatur or remand required
Whether life sentence for armed robbery is void due to statutory conflict	Gillespie contends conflict voids life sentence	State argues statute allows life sentence within limits	Life sentence within statutory limits; not void
Whether aggravated assault counts were fatally defective for not alleging elements	Gillespie claims indictment lacked elements of assault	State argues proper charge and that challenge targets convictions, not sentences	Not properly before us; sentences within range, upheld
Whether 20-year aggravated assault sentences were void or improper	Gillespie asserts improper/aggravated assault sentences	State maintains sentences fall within statutory range	20-year terms within range; not disturbed

Jones v. State, 278 Ga. 669 (2004) (void sentencing only if punishment not allowed by law)
Jackson v. State, 238 Ga. App. 559 (1999) (presumption of regularity in judicial proceedings)
Harper v. State, 286 Ga. 216 (2009) (motion to vacate conviction not proper for challenging conviction)
Williams v. State, 287 Ga. 192 (2010) (distinction between challenges to convictions and sentences)
Echols v. Thomas, 265 Ga. 474 (1995) (former sentencing provisions and armed robbery implications)