Rogers v. State, 314 Ga. App. 398

Curtis Rogers pled guilty to 91 counts of making unauthorized offers to sell recorded material under OCGA § 16-8-60(b) and to additional counts under related indictments, receiving a total sentence of thirty years with ten to serve and remainder on probation.
The offenses arose from Rogers advertising on a Citizens Band radio as the “Movie Man” and arranging in-person sales of counterfeit DVDRs and CDs; a van stop led to seizure of numerous counterfeit recordings.
The first 66 counts involved DVDRs; counts 67-91 involved CDs, with each count describing a distinct title or copy count.
Rogers argued on appeal that the counts should have merged for sentencing because they constituted a single course of conduct.
The trial court judgment was entered May 19, 2010; Rogers filed a Motion to Modify Sentence in December 2010.
The court dismissed the appeal, concluding Rogers’ challenge attacked convictions, not a void sentence, and that his remedy was habeas corpus rather than a post-judgment motion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Should the counts merge for sentencing as a single course of conduct?	Rogers contends the counts constitute one course of conduct and should merge.	State argues merger is not a void-sentence issue but a conviction issue.	Appeal dismissed; merger claim treated as conviction issue, not void sentence.

Williams v. State, 287 Ga. 192 (2010) (merger claim is a conviction, not a void-sentence, issue)
Smith v. State, 283 Ga. 376 (2008) (motion to withdraw guilty plea/jurisdiction timing rules)