Otha David Rutledge Jr. v. State

• Court: Court of Appeals of Georgia
• Decided: June 22, 2015
• Docket: A15A1793
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ June 15, 2015

The Court of Appeals hereby passes the following order:

A15A1793. OTHA DAVID RUTLEDGE, JR. v. THE STATE.

In 1994, Otha Rutledge, Jr. was convicted of possession with intent to distribute and obstruction of an officer. He was sentenced to life imprisonment. In 2015, Rutledge filed a Motion for Sentence Modification Reduction, which the trial court denied. Rutledge then filed this appeal. We, however, lack jurisdiction. A trial court has limited authority to modify a sentence after it is imposed. Pursuant to OCGA § 17-10-1 (f), a sentencing court may modify a sentence within 1 year of its imposition or within 120 days after remittitur following a direct appeal, whichever is later. See Frazier v. State, 302 Ga. App. 346, 347-348 (691 SE2d 247) (2010). Once this statutory period expires, as it has here, a sentencing court may modify a sentence only if it is void. Jones v. State, 278 Ga. 669, 670 (604 SE2d 483) (2004). And a sentence is void only if it imposes punishment that the law does not allow. von Thomas v. State, 293 Ga. 569, 571 (748 SE2d 446) (2013). In this case, Rutledge does not contend that his sentence exceeds the statutory maximum. He has, therefore, failed to raise a valid void-sentence claim. See Jones, supra; von Thomas, supra. Because Rutledge did not raise a colorable argument that his sentence is void, the trial court’s denial of his motion is not subject to direct appeal. See Frazier, supra at 349. Accordingly, this appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia 06/15/2015 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.