Paul George Bettencourt v. State

Opinion

Court of Appeals of the State of Georgia

April 12, 2013

ATLANTA,__________________

The Court of Appeals hereby passes the following order:

A13A1313. PAUL GEORGE BETTENCOURT v. THE STATE.

Paul Bettencourt was convicted of armed robbery, kidnapping, and aggravated sodomy. We affirmed his convictions on appeal. Bettencourt v. State, 247 Ga. App. 219 (543 SE2d 81) (2000). He later filed a “Motion to Correct Illegal Sentence,” arguing that his aggravated sodomy conviction merged with his other convictions as a matter of fact. The trial court denied the motion, and Bettencourt appeals.

An appeal may lie from an order denying 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). Bettencourt’s merger argument, however, is a challenge to his convictions, not his sentence. See Williams v. State, 287 Ga. 192 (695 SE2d 244) (2010). Because Bettencourt has not raised a valid void-sentence claim, this appeal is hereby DISMISSED. See Roberts v. State, 286 Ga. 532 (690 SE2d 150) (2010); Harper, supra.

Court of Appeals of the State of Georgia 04/12/2013

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.