Melvin Harris v. State

Court of Appeals of Georgia

Melvin Harris v. State

DecidedJuly 18, 2016

DocketA16A1382

StatusPublished

This text of Melvin Harris v. State (Melvin Harris 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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Melvin Harris v. State, (Ga. Ct. App. 2016).

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Court of Appeals of the State of Georgia

ATLANTA,____________________ July 15, 2016

The Court of Appeals hereby passes the following order:

A16A1382. MELVIN HARRIS v. THE STATE.

In 2005, Melvin Harris was convicted of rape and possession of a firearm by a convicted felon. His convictions were affirmed on appeal in Harris v. State, 283 Ga. App. 374 (641 SE2d 619) (2007). In 2015, Harris filed a “Motion to Vacate Void and Illegal Sentences” alleging, inter alia, that his sentence of life without parole for rape is illegal because he had not been previously convicted of a “serious violent felony.” The trial court dismissed the motion, and Harris filed this direct appeal.

A direct appeal may lie from an order denying or dismissing a motion to correct a void sentence 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). “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) (citations omitted).

Here, Harris was not sentenced as a recidivist based on a prior conviction for a “serious violent felony” within the meaning of OCGA §§ 17-10-6.1 and 17-10-7 (b). Rather, Harris was sentenced as a recidivist under OCGA § 17-10-7 (a) and (c), neither of which requires a prior conviction for a serious violent felony. Given Harris’s numerous prior felony convictions, his life sentence for rape does not impose punishment that the law does not authorize. See OCGA §§ 16-6-1 (b); 17-10-7 (a), (c). Because Harris has not raised a colorable claim that his sentence is void, this appeal is hereby DISMISSED for lack of jurisdiction. See von Thomas, supra at 575 (3); Thomas v. State, 334 Ga. App. 4 (778 SE2d 18) (2015).

Court of Appeals of the State of Georgia 07/15/2016 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.

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Court of Appeals of the State of Georgia

ATLANTA,____________________ July 15, 2016

The Court of Appeals hereby passes the following order:

A16A1382. MELVIN HARRIS v. THE STATE.

In 2005, Melvin Harris was convicted of rape and possession of a firearm by a convicted felon. His convictions were affirmed on appeal in Harris v. State, 283 Ga. App. 374 (641 SE2d 619) (2007). In 2015, Harris filed a “Motion to Vacate Void and Illegal Sentences” alleging, inter alia, that his sentence of life without parole for rape is illegal because he had not been previously convicted of a “serious violent felony.” The trial court dismissed the motion, and Harris filed this direct appeal.

A direct appeal may lie from an order denying or dismissing a motion to correct a void sentence 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). “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) (citations omitted).

Here, Harris was not sentenced as a recidivist based on a prior conviction for a “serious violent felony” within the meaning of OCGA §§ 17-10-6.1 and 17-10-7 (b). Rather, Harris was sentenced as a recidivist under OCGA § 17-10-7 (a) and (c), neither of which requires a prior conviction for a serious violent felony. Given Harris’s numerous prior felony convictions, his life sentence for rape does not impose punishment that the law does not authorize. See OCGA §§ 16-6-1 (b); 17-10-7 (a), (c). Because Harris has not raised a colorable claim that his sentence is void, this appeal is hereby DISMISSED for lack of jurisdiction. See von Thomas, supra at 575 (3); Thomas v. State, 334 Ga. App. 4 (778 SE2d 18) (2015).

Court of Appeals of the State of Georgia 07/15/2016 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.

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