Case Information
*1 Court of Appeals
of the State of Georgia
ATLANTA,____________________ November 30, 2016 The Court of Appeals hereby passes the following order: A17A0589. VICTOR B. HARRIS v. THE STATE.
In 2003, a jury found Victor Harris guilty of one count of aggravated child molestation and two counts of child molestation. The trial court imposed a 20-year prison term on the aggravated child molestation conviction, to be followed by concurrent 10-year prison terms on the remaining convictions. We affirmed Harris’s judgment of conviction in an unpublished opinion on direct appeal. Harris v. State , No. A05A1280 (Sept. 22, 2005).
In July 2016, Harris filed a motion to correct an illegal and/or void sentence, arguing that the trial court erred by failing to consider on the record whether to exercise its discretion under OCGA § 17-10-6.2 (c) to impose sentences below the mandatory minimums. The trial court denied Harris’s motion, and he filed this direct appeal. We lack jurisdiction.
A direct appeal may lie from an order denying a motion to vacate or correct a void sentence only if the defendant raises a colorable claim that the sentence is, in fact, void. See Harper v. State , 286 Ga. 216, 217, n. 1 (686 SE2d 786) (2009); Burg v. State , 297 Ga. App. 118, 119 (676 SE2d 465) (2009). “Motions to vacate a void sentence generally are limited to claims that – even assuming the existence and validity of the conviction for which the sentence was imposed – the law does not authorize that sentence, most typically because it exceeds the most severe punishment for which the applicable penal statute provides.” von Thomas v. State , 293 Ga. 569, 572 (2) (748 SE2d 446) (2013). When a sentence is within the statutory range of punishment, it is not void. Jones v. State , 278 Ga. 669, 670 (604 SE2d 483) (2004).
Here, Harris does not claim that his sentences fell outside the statutory range of punishments. [1] Because Harris has not raised a valid void-sentence claim, we lack jurisdiction to consider his appeal, which is hereby DISMISSED. See Burg , 297 Ga. App. at 120.
Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 11/30/2016 I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written. , Clerk.
[1] In any event, OCGA § 17-10-6.2 had not yet been enacted when Harris was convicted and sentenced in 2003 and thus does not apply here. See Ga. L. 2006, p. 379, § 21; Searcy v. State , 162 Ga. App. 695, 698 (2) (291 SE2d 557) (1982) (this Court applies the sentencing law in effect at the time the crime was committed).
