Don Robert Faircloth v. State

Opinion

Court of Appeals of the State of Georgia

ATLANTA, May 25, 2012

The Court of Appeals hereby passes the following order:

A12A1712. DON ROBERT FAIRCLOTH v. THE STATE.

In 1999, Don Robert Faircloth pled guilty to possession of cocaine. In 2012, he filed a “Motion to Dismiss Illegal Sentence.” In the motion, Faircloth argued argued that his sentence was illegal because his plea was involuntary. The trial court denied the motion, and Faircloth appeals.

A direct appeal may lie from an order denying or dismissing a motion to correct a void sentence, but only if the defendant raises a colorable claim that the sentence is, in fact, void or illegal. See Harper v. State, 286 Ga. 216, n.1 (686 SE2d 786) (2009); Burg v. State, 297 Ga. App. 118, 119 (676 SE2d 465) (2009). A sentence is void only when the trial court imposes punishment that the law does not allow. Jordan v. State, 253 Ga. App. 510, 511 (1) (559 SE2d 528) (2002).

Faircloth does not argue that his sentence exceeded legal limits; rather he contends that his guilty plea was invalid. Because Faircloth has not raised a colorable argument that his sentence is void, this appeal is DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,05/25/2012 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.