Jackson v. the State, 338 Ga. App. 509

In 2013 William Jackson pled guilty to three counts of child molestation and ten counts of sexual exploitation of a minor; the trial court sentenced Jackson to concurrent 20-year prison terms on the child molestation counts and concurrent 20-year probation-only terms on the sexual-exploitation counts, the probation terms to run consecutively to prison.
Jackson did not directly appeal; in July 2015 he filed a motion to correct a void sentence, which the trial court denied, and he appealed that denial.
OCGA § 17-10-6.2 requires split sentences for first-offense adult child molestation and for sexual exploitation of children: a mandatory minimum five-year prison term followed by at least one year of probation, unless the court properly exercises written discretion to impose a lesser sentence under specified mitigating-factor findings.
The trial court imposed pure prison sentences (no probation) for child molestation and probation-only sentences (no prison) for sexual exploitation, without making the written findings required when deviating below statutory minimums.
The Court of Appeals concluded all sentences were void for failing to comply with § 17-10-6.2 and vacated the sentences, remanding for resentencing in accordance with the statute.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether child-molestation sentences are void for failing to include required probation under OCGA § 17-10-6.2(b)	Jackson: sentencing court failed to impose the required split sentence (prison plus probation), rendering sentence void	State: (implicitly) sentences were within permissible punishment; no direct appeal; sentencing discretion	Held: Void — 20-year prison terms without probation violate § 17-10-6.2 and are void
Whether failure to consider or record findings for downward departure under § 17-10-6.2(c) renders sentence void	Jackson: court failed to “cast upon the record” its exercise of discretion to impose below-minimum sentences	State: failure to deviate or to consider deviation does not make a within-range sentence void	Held: Failure to consider/deviate does not itself create a void sentence when sentence is within statutory range
Whether probation-only sentences for sexual-exploitation counts are void for deviating below mandatory prison term without written findings	Jackson: (not raised below) but sentences do not comply with statute	State: (not argued)	Held: Void — probation-only sentences improperly deviate below mandatory five-year prison term without the written findings required by § 17-10-6.2(c)

State v. Hammonds, 325 Ga. App. 815 (statutory interpretation reviewed de novo)
McCranie v. State, 335 Ga. App. 548 (sentences below § 17-10-6.2 minimum void without required written findings)
Jones v. State, 278 Ga. 669 (sentence within statutory range is not void)
New v. State, 327 Ga. App. 87 (split-sentence requirement; noncompliant sentences are void)
Spargo v. State, 332 Ga. App. 410 (20-year prison sentences for child molestation void for lacking required probation)
Clark v. State, 328 Ga. App. 268 (same)
von Thomas v. State, 293 Ga. 569 (illegal sentences are void and cannot be waived)