Leonard v. State, 325 Ga. App. 577

Leonard was convicted in 1994 of 11 counts of armed robbery and sentenced to life on Count 1, 20 years on Count 2 suspended, and 20 years on Counts 3–11 to run concurrent with each other and consecutive to the life sentence.
Leonard, acting pro se, filed a Motion to Correct Void and Ambiguous Sentences in 2013 challenging the legality of Count 2's suspension and the overall sentence structure.
The trial court denied the motion; Leonard appealed challenging the voidness of Count 2 and alleged ambiguity in the remaining sentence.
OCGA § 17-10-1(f) governs the time frame to modify sentences; after the period expires, a court may only modify a void sentence.
The Court held Count 2’s suspended sentence on armed robbery to be unauthorized by law and thus void; remanded for resentencing on Count 2.
The Court found the remaining 20-year sentences not void for ambiguity and affirmed the judgment in part.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Count 2’s suspended sentence was void under OCGA 16-8-41(d).	Leonard: Count 2 suspended sentence invalid under 16-8-41(d).	Leonard: sentence void; still valid conviction.	Count 2 suspension void; remand for resentencing on Count 2.
Whether the remaining sentence was void due to ambiguity.	Leonard asserts ambiguity in the remaining terms.	No ambiguity; sentences align with law and run as stated.	No ambiguity; remaining sentences not void.

Frazier v. State, 302 Ga. App. 346 (Ga. App. 2010) (voidness interpretations and related principles)
Fleming v. State, 271 Ga. 587 (Ga. 1999) (punishment is construed by law in effect at time of offense)
Diaz v. State, 279 Ga. App. 134 (Ga. App. 2006) (voidness of one count does not affect remaining counts)
State v. Stuckey, 145 Ga. App. 434 (Ga. App. 1978) (relevant prior construction and sentencing principles)
Corsini v. State, 238 Ga. App. 383 (Ga. App. 1999) (scope limits on appellate arguments)