Jackson v. State
323 Ga. App. 602
Ga. Ct. App.2013Background
- Curtis Jackson, pro se, appeals from the trial court’s dismissal of his emergency motion to modify and vacate a void sentence under OCGA § 17-10-1 (f).
- Jackson was convicted by a jury of two counts of receiving stolen property and one count of operating a vehicle without a valid license plate, with ten-year terms on each theft-by-receiving count to run consecutively.
- He previously pursued an appeal which was untimely; remittitur issued January 8, 2013, following denials at trial and on certiorari.
- The trial court dismissed Jackson’s emergency motion to modify and correct sentence as untimely on August 16, 2012, while remittitur was pending.
- Jackson filed the motion July 16, 2012, seeking relief under OCGA § 17-10-1 (f), arguing timing should be calculated from imposition or remittitur, whichever is later.
- The Court of Appeals reversed and remanded, holding that the motion was timely and the sentences should be reconsidered, with the consecutive theft sentences potentially merging.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of the motion to modify | Jackson contends the motion was timely under 17-10-1 (f). | State contends dismissal as untimely was correct. | Dismissal as untimely was error; motion timely under 17-10-1 (f). |
| Consecutive sentences for receiving stolen property | Two ten-year terms may merge into one offense. | State concedes potential merger; may constitute multiple offenses if separate acts. | Consecutive sentences must be merged; remand for resentencing. |
| Bias or unfairness at sentencing | Trial judge biased and emotionally hostile at sentencing. | Claims do not affect voidness under 17-10-1 (f). | Non-reviewable in this context; no evidence of bias; issues should have been raised on direct appeal. |
Key Cases Cited
- Frazier v. State, 302 Ga. App. 346 ((2010)) (timeliness of post-judgment motions under 17-10-1 (f))
- Burg v. State, 297 Ga. App. 118 ((2009)) (timing for modification of sentence after remittitur)
- Hardin v. State, 141 Ga. App. 115 ((1977)) (merger principles for receiving or concealing stolen property)
- Westmoreland v. State, 151 Ga. App. 850 ((1979)) (single offense rule for theft-related conduct)
- Mosley v. State, 301 Ga. App. 47 ((2009)) (procedural defects and admissibility of sentencing claims on appeal)