Paul George Bettencourt v. State

Court of Appeals of Georgia

Paul George Bettencourt v. State

DecidedApril 12, 2013

DocketA13A1313

StatusPublished

This text of Paul George Bettencourt v. State (Paul George Bettencourt 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.

Bluebook

Paul George Bettencourt v. State, (Ga. Ct. App. 2013).

Pincite

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

Cite This Page — Counsel Stack

Bluebook (online)

Paul George Bettencourt v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paul-george-bettencourt-v-state-gactapp-2013.

Opinion

Related

Cite This Page — Counsel Stack