Antavious Parks v. State

Court of Appeals of Georgia

Antavious Parks v. State

DecidedJuly 4, 2017

DocketA17A1481

StatusPublished

This text of Antavious Parks v. State (Antavious Parks 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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Antavious Parks v. State, (Ga. Ct. App. 2017).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ June 29, 2017

The Court of Appeals hereby passes the following order:

A17A1481. ANTAVIOUS PARKS v. THE STATE.

A jury convicted Antavious Parks of armed robbery, and he was sentenced as a recidivist to life imprisonment. We affirmed his conviction on appeal. Parks v. State, 257 Ga. App. 25 (570 SE2d 350) (2002). Since then, Parks has filed multiple pro se motions, including an October 2016 “Motion to Vacate/Correct Void Sentence.” The trial court dismissed the motion, and Parks filed this appeal. We, however, lack jurisdiction. A direct appeal may lie from an order denying or dismissing a motion to vacate a void sentence, but 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). A sentence is void only if it imposes punishment that the law does not allow. Crumbley v. State, 261 Ga. 610, 611 (1) (409 SE2d 517) (1991). Here, Parks argued in his motion that he was incorrectly sentenced as a recidivist. Even assuming that Parks was improperly sentenced as a recidivist, as he alleges, a trial court may sentence a defendant to life imprisonment for armed robbery regardless of whether the defendant is deemed a recidivist. See OCGA § 16-8-41 (b) (available sentences for armed robbery include “imprisonment for life”). Accordingly, Parks’s sentence is not more severe than the law allows, and it is not void. See Brown v. State, 295 Ga. App. 66 (670 SE2d 867) (2008). Because Parks has not raised a colorable argument that his sentence is void, this appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 06/29/2017 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.

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Court of Appeals of the State of Georgia

ATLANTA,____________________ June 29, 2017

The Court of Appeals hereby passes the following order:

A17A1481. ANTAVIOUS PARKS v. THE STATE.

A jury convicted Antavious Parks of armed robbery, and he was sentenced as a recidivist to life imprisonment. We affirmed his conviction on appeal. Parks v. State, 257 Ga. App. 25 (570 SE2d 350) (2002). Since then, Parks has filed multiple pro se motions, including an October 2016 “Motion to Vacate/Correct Void Sentence.” The trial court dismissed the motion, and Parks filed this appeal. We, however, lack jurisdiction. A direct appeal may lie from an order denying or dismissing a motion to vacate a void sentence, but 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). A sentence is void only if it imposes punishment that the law does not allow. Crumbley v. State, 261 Ga. 610, 611 (1) (409 SE2d 517) (1991). Here, Parks argued in his motion that he was incorrectly sentenced as a recidivist. Even assuming that Parks was improperly sentenced as a recidivist, as he alleges, a trial court may sentence a defendant to life imprisonment for armed robbery regardless of whether the defendant is deemed a recidivist. See OCGA § 16-8-41 (b) (available sentences for armed robbery include “imprisonment for life”). Accordingly, Parks’s sentence is not more severe than the law allows, and it is not void. See Brown v. State, 295 Ga. App. 66 (670 SE2d 867) (2008). Because Parks has not raised a colorable argument that his sentence is void, this appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 06/29/2017 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.

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