Full Opinion (html_with_citations)

Court of Appeals
of the State of Georgia

                                       ATLANTA,____________________
                                                 December 19, 2014

The Court of Appeals hereby passes the following order:

A15A0494. JOHN THURMAN v. THE STATE.

      In 2006, John Thurman pled guilty to a number of offenses, including armed
robbery. In 2014, Thurman filed a motion to modify his sentence, arguing that the
trial court should “install a more lenient sentence” because “errors in his plea
colloquy” raise a question as to the voluntariness of his plea. The trial court denied
the motion, and Thurman now appeals.
      Under OCGA § 17-10-1 (f), a court may modify a sentence during the year
after its imposition or within 120 days after remittitur following a direct appeal,
whichever is later. Frazier v. State,
302 Ga. App. 346, 347-348
 (
691 SE2d 247
)
(2010); Burg v. State,
297 Ga. App. 118, 118
 (
676 SE2d 465
) (2009). Once this
statutory period expires, as it had here when Thurman filed his motion, a trial court
may modify a sentence only if it is void. Jones v. State,
278 Ga. 669, 670
 (
604 SE2d 483
) (2004). A sentence is void only if it imposes punishment that the law does not
allow. Von Thomas v. State,
293 Ga. 569, 572
 (2) (
748 SE2d 446
) (2013).
“Assertions taking issue with the procedure employed in imposing a valid sentence
or questioning the fairness of an imposed sentence do not allege a sentence is void.”
(Citation and punctuation omitted.) Coleman v. State,
305 Ga. App. 680, 680-681
(
700 SE2d 668
) (2010).
      Here, Thurman argues that his sentence should be modified because his plea
was not voluntary and intelligent. This is a challenge to the validity of his
convictions, not his sentence, and does not assert grounds upon which a sentence can
be declared void. See Brown v. State,
297 Ga. App. 738
 (
678 SE2d 172
) (2009).
Because Thurman does not argue that his sentence exceeds the statutory maximum
for his offenses, he has not raised a colorable void sentence argument. Accordingly,
his appeal is hereby DISMISSED for lack of jurisdiction.



                                      Court of Appeals of the State of Georgia
                                                                           12/19/2014
                                             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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