Lewis Alan Carlton v. State
A17A0673
| Ga. Ct. App. | Dec 28, 2016Background
- Lewis Alan Carlton pled guilty to three counts of impersonation of a public employee and was sentenced on October 15, 2012 to 15 years, with first 6 years to be served in confinement and the remainder on probation.
- He did not file a direct appeal following sentencing.
- On January 20, 2016, Carlton filed a motion to vacate an illegal sentence, arguing the trial court deviated from the negotiated plea recommendation without announcing its intent to reject that recommendation.
- The trial court dismissed the motion, finding no basis to vacate the sentence as illegal.
- Carlton appealed to the Court of Appeals, which considered whether it had jurisdiction to hear the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sentence is void such that the sentencing court may be revisited outside OCGA § 17-10-1(f) time limits | Carlton: Trial court deviated from plea recommendation without announcing rejection, making the sentence illegal/void | State: Sentence is within statutory range and procedural disagreement with plea does not render it void | Court: Sentence is not void because it falls within statutory range; procedural complaints do not make a sentence void; no jurisdiction to hear appeal |
| Whether the Court of Appeals has jurisdiction to review the motion to vacate | Carlton: Direct appeal lies because sentence is illegal/void | State: No colorable void-sentence claim, so no appellate jurisdiction | Court: Dismissed appeal for lack of jurisdiction |
| Whether the claim of deviation from a plea agreement is a valid void-sentence claim | Carlton: Deviation made sentence unauthorized | State: Deviation concerns procedure/fairness, not authority to sentence | Court: Such assertions do not allege a void sentence when sentence is within statutory limits |
| Whether the motion should be treated as a withdrawal of guilty plea and whether that would be timely | Carlton: (implicitly sought relief) | State: Motion filed outside the term of court, so untimely if construed as plea withdrawal | Court: If construed as plea withdrawal, it would be untimely |
Key Cases Cited
- Jones v. State, 278 Ga. 669 (court may modify sentence beyond OCGA § 17-10-1(f) only if sentence is void)
- Harper v. State, 286 Ga. 216 (direct appeal from denial of motion to vacate void sentence requires a colorable void claim)
- Burg v. State, 297 Ga. App. 118 (appeal dismissed where no valid void-sentence claim was raised)
- von Thomas v. State, 293 Ga. 569 (void-sentence claims are generally limited to sentences unauthorized by law)
- Crane v. State, 302 Ga. App. 422 (sentence inconsistent with plea agreement but within statutory guidelines is not void)
Decision: Appeal dismissed for lack of jurisdiction.