JONES v. the STATE.
348 Ga. App. 653
Ga. Ct. App.2019Background
- In 2015 James Jones pleaded guilty, via a negotiated plea, to molesting his stepdaughter; the trial court accepted the plea as knowing and voluntary.
- Sentence: 13 years with 8 to serve, plus a determinate probation term; imprisonment to run concurrent with any sentence then serving.
- Probation included a special condition prohibiting contact with the victim and Jones’s biological son (born from the molestation), but allowed contact if a judge ordered it (leaving open legitimization/visitation).
- Jones’s plea agreement included a waiver of the right to seek sentence modification and to appeal.
- On December 14, 2017 (within one year of sentencing), Jones filed a motion to modify his sentence under OCGA § 17-10-1(f), challenging the probation conditions as unlawful/indeterminate; the trial court denied the motion without a hearing.
- Jones appealed; the State moved to dismiss arguing untimeliness and waiver from the plea; the Court of Appeals addressed timeliness and merits regarding illegality of the sentence.
Issues
| Issue | Jones’s Argument | State’s Argument | Held |
|---|---|---|---|
| Timeliness of § 17-10-1(f) motion | Motion was filed within one year so timely | Motion untimely | Motion was timely (filed within one year of sentencing) |
| Waiver of right to seek modification | Waiver in plea should not bar review because sentence may be illegal | Waiver bars relief under the plea agreement | Waiver applies unless sentence is illegal; court considered illegality claim on merits |
| Prior probation revocation/consecutive sentences (1996 case) | Revocation and consecutive sentencing were improper | Not addressed in detail | Argument not raised below and no record supplied; court declined to consider it |
| Whether probation no-contact condition made sentence indeterminate or illegally terminated parental rights | Condition effectively creates indeterminate sentence and terminates parental rights; victim wanted contact | Special condition is permissible and does not make sentence indeterminate; waiver applies | Condition did not render the sentence indeterminate nor illegally terminate parental rights; condition was within trial court’s discretion; appeal dismissed under waiver |
Key Cases Cited
- Richardson v. State, 334 Ga. App. 344 (general standard: appellate review of sentence within statutory parameters)
- Rush v. State, 276 Ga. 541 (defendant may waive post-conviction relief in a plea agreement)
- Sumner v. State, 284 Ga. App. 308 (waiver does not apply where sentence is illegal)
- Daniels v. State, 244 Ga. App. 522 (issues not raised below are not reviewed on appeal)
- Adams v. State, 282 Ga. App. 819 (appellate review requires relevant record materials)
- Rooney v. State, 311 Ga. App. 376 (trial court may impose probation conditions)
- Mullens v. State, 289 Ga. App. 872 (upholding no-contact probation conditions including with defendant’s children)
- Mathews v. State, 234 Ga. App. 111 (no-contact condition reasonable despite victim’s desire to continue contact)