State v. King
325 Ga. App. 445
| Ga. Ct. App. | 2013Background
- Dena King pled guilty to robbery and aggravated assault under a negotiated plea agreement in which the state recommended concurrent 20-year sentences with 15 years to be served in prison.
- The superior court accepted the plea but rejected the State’s recommendation, imposing concurrent 15-year sentences with 5 years to be served in prison and the balance on probation.
- The State moved to set aside the plea and sentence, arguing the trial court had to follow the State’s recommended sentence or give the State an opportunity to withdraw from the plea. The trial court denied that motion.
- The State filed a direct appeal, claiming the sentences were void and thus appealable under OCGA § 5-7-1(a)(6).
- The Court of Appeals held the State’s arguments alleged mere sentencing error or a voidable sentence, not a void sentence; because the sentences were within statutory limits and the trial court had jurisdiction, the State lacked statutory authority to appeal and the appeal was dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State can directly appeal the sentence as void under OCGA § 5-7-1(a)(6) | The State: trial court’s rejection of plea recommendation without offering withdrawal renders sentence void and appealable | King: trial court had jurisdiction and law permits the imposed sentence; any error is voidable, not void | Court: No — appeal dismissed; State alleged voidable error, not a void sentence, so no jurisdiction under § 5-7-1(a)(6) |
| Whether a sentence imposed contrary to a plea recommendation is void | The State: disregarding the plea agreement made the sentence void | King: sentence is within statutory range and trial court may impose sentence; plea recommendations are not binding on the court | Court: No; sentence within statutory authority is not void merely because it departs from the State’s recommendation |
| Whether a judgment is void if issued by a court of competent jurisdiction | The State: errors in following plea agreement rendered judgment void | King: court had jurisdiction over felony case, so judgment not void | Court: A judgment entered by a court of competent jurisdiction is not void; jurisdiction was present |
| Whether the State’s appellate remedy requires showing the sentence is not allowed by law | The State: appellate statute permits appeal from orders that are "otherwise void" | King: appeals under that statute require a sentence the law does not allow (i.e., actually void) | Court: Held that appeal statute covers only truly void sentences (not merely erroneous or voidable ones) |
Key Cases Cited
- State v. Evans, 282 Ga. 63 (2007) (limits on State’s criminal appeal rights)
- State v. Glover, 281 Ga. 633 (2007) (a judgment entered by a court of competent jurisdiction is not void)
- von Thomas v. State, 293 Ga. 569 (2013) (void sentence defined as punishment unauthorized by law; voidable errors differ)
- Crumbley v. State, 261 Ga. 610 (1991) (sentence is void only if law does not allow the punishment)
- State v. Jones, 265 Ga. App. 493 (2004) (discussing State’s authority to appeal void sentences)
- State v. Carden, 281 Ga. App. 886 (2006) (addressing State appeals from void sentences)
- Jones v. State, 278 Ga. 669 (2004) (sentence within statutory range is not void)
- Few v. State, 311 Ga. App. 608 (2011) (sentences within statutory range are not void)
- Collins v. State, 277 Ga. 586 (2003) (distinguishes void from voidable sentences)
- Gibbins v. State, 229 Ga. App. 896 (1997) (appeal dismissed where sentence alleged erroneous but not void)
- State v. O’Neal, 156 Ga. App. 384 (1980) (no State appeal where sentence is not void)
- State v. Harper, 279 Ga. App. 620 (2006) (overruled to extent it allowed State to appeal for failure to notify before rejecting plea recommendation)