Michael Thompson v. State, A17D0290

In 2010 Michael Thompson pleaded guilty to armed robbery (and false imprisonment, concurrent) and was sentenced to 15 years with 10 to serve; the plea included a restitution obligation not to exceed $40,000 (later set at $31,743).
In 2016 Thompson filed a motion to correct a void sentence, arguing his sentence was void because it would be discretionary under current law and thus cruel and unusual.
The trial court denied Thompson’s motion to correct a void sentence.
Thompson then filed a timely application for discretionary appeal to the Georgia Court of Appeals.
The Court of Appeals dismissed the discretionary application for lack of jurisdiction, concluding Thompson’s claims did not show the sentence was void.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the 2010 sentence is void because current law gives discretion below the prior mandatory minimum	Thompson: mandatory 10‑year minimum then made discretionary by OCGA § 17‑10‑6.1, so present mandatory sentence is cruel/void	State: § 17‑10‑6.1 is not retroactive; the 2010 sentence was lawful when imposed	Denied—sentence not void; statute not retroactive and punishment lawful when imposed
Whether denial of motion to correct a void sentence is directly appealable	Thompson: sought direct review of trial court’s denial	State: direct appeal requires a colorable claim that sentence is void; here none exists	Denied—no colorable voidness claim, so no direct appeal under OCGA § 5‑6‑35
Whether restitution order is void for lack of hearing or findings	Thompson: restitution imposed without hearing/findings, so invalid	State: no written findings required; hearing unnecessary when defendant agreed to restitution; plea sheet set maximum and PO set exact amount	Denied—restitution valid (agreement and sentencing sheet supported amount)
Whether the sentence exceeded statutory punishment	Thompson: argues sentence effectively excessive compared to current law	State: armed robbery punishable by 10–20 years or life at time of sentencing; sentence within statutory range	Denied—sentence allowed by statute when imposed

Jones v. State, 278 Ga. 669 (sentence modification beyond statutory period limited to void sentences)
Harper v. State, 286 Ga. 216 (direct appeal available when defendant raises colorable voidness claim)
Von Thomas v. State, 293 Ga. 569 (void sentence defined as punishment law does not allow)
Burg v. State, 297 Ga. App. 118 (direct appeal from denial of motion to correct void sentence requires colorable claim)
Daniels v. State, 244 Ga. App. 522 (armed robbery statutory punishment and sentence validity)
Maddox v. State, 227 Ga. App. 602 (statutes are not retroactive absent explicit language)
McCart v. State, 289 Ga. App. 830 (no written findings required for restitution where appropriate)