On April 22, 2016, Theron Croskey pled guilty to numerous offenses, including aggravated battery, aggravated assault, damage to property, obstruction, theft by receiving stolen property, and possession of a firearm during the commission of a felony. Croskey was sentenced to a total of 40 years, with 20 years to serve in confinement. On April 25, 2017, Croskey filed several motions, including a motion for sentence modification. The trial court denied that motion and Croskey filed this direct appeal. We, however, lack jurisdiction.

Under OCGA § 17-10-1 (f), a court may modify a sentence during the year after its imposition or within 120 days after remittitur following a direct appeal, whichever is later. Frazier v. State , 302 Ga. App. 346, 347-348 (691 SE2d 247) (2010); Burg v. State , 297 Ga. App. 118, 118 (676 SE2d 465) (2009). Once this statutory period expires, as it had when Croskey filed his motion, a trial court may modify a sentence only if it is void. Jones v. State , 278 Ga. 669, 670 (604 SE2d 483) (2004).

A direct appeal may lie from the denial of a motion to correct a void sentence only if the defendant raises a colorable claim that the sentence is void. Burg v. State , 297 Ga. App. 118, 119 (676 SE2d 465) (2009). A sentence is void only when the trial court imposes a punishment that the law does not allow. Coleman v. State , 305 Ga. App. 680, 680-681 (700 SE2d 668) (2010). Here, Croskey does not contend that his sentence exceeds the statutory maximum. Instead, he claims the sentence is unfair. Because Croskey has not raised a colorable argument that his sentence is void, the trial court’s denial of his motion is not subject to direct appeal. Accordingly, this *2 appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia

Clerk’s Office, Atlanta,____________________ 08/24/2017 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.