Allen B. Hall v. State

Court of Appeals of Georgia

Allen B. Hall v. State

DecidedJune 19, 2019

DocketA19A2214

StatusPublished

This text of Allen B. Hall v. State (Allen B. Hall v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Allen B. Hall v. State, (Ga. Ct. App. 2019).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ June 19, 2019

The Court of Appeals hereby passes the following order:

A19A2214. ALLEN B. HALL v. THE STATE.

Allen B. Hall filed a “Motion to Vacate Void Sentence Due to An Illegal

Indictment,” arguing that his indictment sets forth an incorrect date of the crime. The

trial court denied the motion, and Hall filed this timely pro se appeal.

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, Hall does not argue that his sentence falls outside the permissible

statutory range, but instead alleges an infirmity in the indictment. Such an argument does not constitute a colorable void sentence claim. See Guice v. State, 282 Ga. App.

747, 747-749 (1), (2) (639 SE2d 636) (2006). Because Hall has not raised a valid void

sentence claim, this appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 06/19/2019 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.

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