Kenneth D. Jacobs v. State
A18A0482
| Ga. Ct. App. | Nov 14, 2017Background
- Kenneth D. Jacobs was convicted at a 2008 bench trial of six counts of aggravated assault with a deadly weapon; five concurrent 20-year prison terms and one consecutive 20-year probation term were imposed.
- Jacobs’s convictions and sentences were affirmed on direct appeal in 2009.
- In July 2017 Jacobs filed a "motion to correct a void sentence," arguing the convictions should have merged because the same facts proved each offense.
- The trial court dismissed the motion, and Jacobs appealed to the Court of Appeals of Georgia.
- The State moved to dismiss for lack of jurisdiction based on the statutory time limits for sentence modification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court had jurisdiction to consider a motion to correct a void sentence filed in 2017 | Jacobs argued his sentences were void because the same facts were used to prove all six offenses and the convictions should have merged | The State argued the statutory period to modify a sentence expired and Jacobs raised a challenge to convictions, not a void sentence, so the court lacked jurisdiction | Dismissed for lack of jurisdiction: the motion challenged convictions (merger), not a void sentence, and the statutory period for modification had passed |
| Whether identical-facts/merger claim can be treated as a void-sentence claim | Jacobs sought merger on the ground offenses were proven with the same facts | The State maintained a merger claim attacks convictions and is not a basis to treat a sentence as void after the statutory period | Court held merger claims attack convictions, not sentences; they do not make a sentence void for post-period modification |
| Whether an appeal lies from denial of a post-period motion unless it raises a colorable void claim | Jacobs appealed the denial | The State argued appeals are improper absent a colorable void-sentence claim | Court held direct appeal is improper absent a colorable void-sentence claim; thus dismissed |
| Whether a motion to vacate/modify a judgment of conviction is an appropriate remedy | Jacobs’s filing could be construed as seeking to vacate convictions | The State argued such petitions are improper in criminal cases | Court reiterated petitions to vacate/modify a conviction are not appropriate remedies and appeals from denial must be dismissed |
Key Cases Cited
- Jacobs v. State, 299 Ga. App. 368 (consolidated direct appeal affirming convictions)
- Frazier v. State, 302 Ga. App. 346 (explaining § 17-10-1(f) time limits and that after the period courts may only modify void sentences)
- Jones v. State, 278 Ga. 669 (a sentence is void only when the law does not allow the punishment imposed)
- Bonner v. State, 308 Ga. App. 827 (same-facts test for merger of offenses)
- Williams v. State, 287 Ga. 192 (merger challenges attack convictions, not sentences)
- Harper v. State, 286 Ga. 216 (petition to vacate or modify a judgment of conviction is not an appropriate remedy in a criminal case)
- Roberts v. State, 286 Ga. 532 (appeals from orders denying inappropriate petitions must be dismissed)