Spargo v. State
332 Ga. App. 410
| Ga. Ct. App. | 2015Background
- Spargo pleaded guilty in 2008 to two counts of child molestation and was sentenced to 20 years’ imprisonment on each count, consecutive.
- On December 15, 2014, Spargo moved in the sentencing court to vacate void sentence under OCGA § 17-10-6.2(b) claiming a split sentence with probation is mandatory for sexual offenses.
- The trial court denied the motion, and Spargo appealed.
- Clark v. State (2014) held that OCGA § 17-10-6.2(b) requires a split sentence for first-child-molestation offenses, including a minimum term of imprisonment and at least one year of probation.
- Binding precedent necessitates vacating the two 20-year sentences as void and remanding for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sentences were void for failure to impose a split sentence under OCGA § 17-10-6.2(b). | Spargo argues the statute requires a split sentence with probation. | State concedes the issue based on controlling precedent. | Sentences void; vacated and remanded for resentencing. |
Key Cases Cited
- Rooney v. State, 287 Ga. 1 (2010) (jurisdiction to correct void sentence at any time; void sentence defined as punishment not allowed by law)
- Clark v. State, 328 Ga. App. 268 (2014) ( OCGA § 17-10-6.2(b) requires split sentence with minimum imprisonment and at least one year probation)
- Jones v. State, 278 Ga. 669 (2004) (when sentence falls within statutory range, not void)