Terry Campbell v. State

• Court: Court of Appeals of Georgia
• Decided: July 3, 2012
• Docket: A12A0071
• Status: Published

Opinion

jCourt of Appeals of the State of Georgia

ATLANTA,_________________ July 03, 2012

The Court of Appeals hereby passes the following order:

A12A0071. CAMPBELL v. THE STATE.

On March 14, 2011, Terry Campbell entered a negotiated plea of guilty to one count of aggravated assault and was sentenced to 10 years, to serve five years in prison. On March 30, 2011, he filed a direct appeal “from the final judgment.” On July 29, 2011, he timely filed a motion for modification of sentence. See OCGA 17- 10-1 (f) (a trial court has broad authority and discretion to correct, reduce, or modify a sentence “within one year of the date upon which the sentence is imposed.” ) The trial court, however, did not rule on the motion. On appeal, Campbell, proceeding pro se, requests that this Court “grant” his motion for modification; however, “we are a court for the correction of errors, we do not consider issues which were not . . . ruled on by the trial court.” Ward v. State, 299 Ga. App. 826, 827 (683 SE2d 894) (2009). In the absence of a ruling by the trial court, we have nothing to review. Amica v. State, 307 Ga. App. 276, 282 (2) (704 SE2d 831) (2010). Accordingly, this appeal is REMANDED to the trial court for a ruling on Campbell’s motion to modify sentence. As we have treated the denial of a timely motion for sentence modification as directly appealable, Anderson v. State, 290 Ga App 890 (660 SE2d 876) (2008), Campbell shall have 30 days after the trial court’s ruling in which to file his notice of appeal. Court of Appeals of the State of Georgia 07/03/2012 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.