Donald Frank Hug, II v. State

Opinion

Court of Appeals of the State of Georgia

ATLANTA,__________________ October 19, 2012

The Court of Appeals hereby passes the following order:

A13A0319. DONALD FRANK HUG, II v. THE STATE.

Donald Frank Hug, II was convicted of aggravated assault in 1991 and

sentenced to 20 years’ incarceration. In 2010, he filed a “Motion to Correct Void

Sentence,” arguing that his sentence had been improperly enhanced by the erroneous

introduction of an inflammatory psychiatric evaluation. The trial court denied the

motion, and Hug appeals.

The denial of a motion to set aside a void sentence may be directly appealed

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); Williams v. State, 271

Ga. 686, 689 (523 SE2d 857) (1999). “A sentence is void if the court imposes

punishment that the law does not allow.” Crumbley v. State, 261 Ga. 610, 611 (1)

(409 SE2d 517) (1991). Hug did not argue that his sentence exceeded the bounds

allowable under the law, but that it was based upon evidence that should not have

been introduced at the sentencing hearing. “[A]ssertions taking issue with the

procedure employed in imposing a valid sentence or questioning the fairness of an imposed sentence do not allege a sentence is void . . .” (Citation omitted.) Coleman

v. State, 305 Ga. App. 680, 680-681 (700 SE2d 668) (2010); see also Jones v. State,

278 Ga. 669 (604 SE2d 483) (2004).

Because Hug did not raise a colorable void sentence claim, this appeal is

hereby DISMISSED for lack of jurisdiction. See Jones, supra.

Court of Appeals of the State of Georgia 10/19/2012 Clerk’s Office, Atlanta,__________________ 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.