Robbins v. State, 326 Ga. App. 812

In 2006 a jury convicted Bruce Robbins of armed robbery, aggravated assault with intent to murder, aggravated battery, and possession of a firearm during the commission of a crime; the victim lost an eye and $60 was taken at gunpoint.
At sentencing the State introduced certified copies of three prior felony convictions (one burglary, two cocaine possession) without objection; Robbins was sentenced to life without parole on armed robbery and concurrent/consecutive terms on other counts.
Robbins appealed his convictions and this Court affirmed the convictions in a prior opinion.
In 2013 Robbins filed a pro se motion to vacate his sentences, alleging one of the three predicate felonies (burglary) had been discharged under Georgia’s First Offender Act, so he could not be sentenced as a recidivist under OCGA § 17-10-7(c).
The trial court denied the motion on the merits, finding the record did not show First Offender treatment for the burglary conviction; Robbins appealed the denial.

Issue	Robbins' Argument	State's Argument	Held
Whether Robbins’ recidivist sentences are void because a predicate burglary conviction was discharged under the First Offender Act	The burglary conviction was a First Offender discharge, so it did not qualify as a prior "conviction" for § 17-10-7(c); without it there were not three prior felonies to support enhanced sentences	The record shows the burglary sentence was standard probation, not First Offender; the State satisfied statutory prerequisites for recidivist sentencing	Court held Robbins failed to prove First Offender treatment; the burglary conviction counted, so the recidivist sentences were lawful
Whether the claim is cognizable as a void-sentence challenge after the sentencing court’s statutory post-sentencing jurisdiction had lapsed	Implicitly argued claim is cognizable as void if a predicate is not a conviction	State alternatively argued the claim might not be cognizable as void and the court lacked jurisdiction to entertain it	Court reviewed cognizability doctrine, but denied on the merits because record showed no First Offender discharge; thus sentence was not void and denial was affirmed

Rooney v. State, 287 Ga. 1 (2010) (sentencing court retains jurisdiction to correct void sentences at any time)
Harper v. State, 286 Ga. 216 (2009) (void-sentence jurisdiction principle)
Williams v. State, 271 Ga. 686 (1999) (void-sentence doctrine explained)
Crumbley v. State, 261 Ga. 610 (1991) (a sentence is void if it imposes punishment the law does not allow)
Swan v. State, 276 Ga. App. 827 (2005) (First Offender treatment means no conviction for recidivist enhancement purposes)
von Thomas v. State, 293 Ga. 569 (2013) (distinguishes cognizable recidivist-based void-sentence claims)
Robbins v. State, 293 Ga. App. 684 (2008) (affirmance of Robbins’ convictions)