Elfrem Moore v. State
CourtCourt of Appeals of Georgia
Date FiledSeptember 8, 2026
DocketA27D0086
StatusPublished
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Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
September 08, 2026
The Court of Appeals hereby passes the following order:
A27D0086. ELFREM MOORE v. THE STATE.
Elfrem Moore was convicted of aggravated assault and other crimes in
connection with a domestic violence incident against his wife, and the trial court
issued an amended final disposition in December 2022, sentencing him as recidivist
under OCGA § 17-10-7(c). This Court affirmed his convictions in an unpublished
opinion. See Case No. A24A1731 (Mar. 11, 2025). On May 22, 2026, Moore filed in
the trial court a motion to correct/vacate a void sentence, which the trial court denied.
He has filed a timely application for discretionary appeal.
Under OCGA § 17-10-1(f), a trial court has broad authority and discretion to
correct, reduce, or modify a sentence “[w]ithin one year of the date upon which the
sentence is imposed, or within 120 days after receipt by the sentencing court of the
remittitur upon affirmance of the judgment after direct appeal, whichever is later.”
Once this statutory period expires,1 a trial court may modify only a void sentence.
1
This Court issued its remittitur in Case No. A24A1731 in March 2025. Given
the passage of more than one year between the issuance of the remittitur and the filing
of Moore’s motion to correct/vacate, it appears that he filed his motion outside the
statutory period set forth in OCGA § 17-10-1(f). However, Moore has not included
with his application materials the order entering the remittitur in the trial court. See
Ct. App. R. 31(g) (“Applications for discretionary appeal pursuant to OCGA § 5-6-35
must include sufficient material to apprise the Court of the appellate issues, in
context, and to support the arguments advanced. Failure to submit sufficient material
to apprise the Court of the issues and support the argument shall result in denial of the
application.”).
Jones v. State, 278 Ga. 669, 670 (604 SE2d 483) (2004). “A sentence is void if the
court imposes punishment that the law does not allow.” Id. (quotation marks
omitted). When a sentence falls within the statutory range of punishment, it is neither
void nor subject to modification beyond the time provided in OCGA § 17-10-1(f). See
id. An appeal may lie from an order denying a motion to correct a void sentence, but
only if the defendant raises a colorable claim that the sentence is, in fact, void. Burg
v. State, 297 Ga. App. 118, 119 (676 SE2d 465) (2009).
Here, Moore does not contend that any of his sentences fall outside the
corresponding statutory range of punishment.2 Rather, he asserts that his sentence is
void because the trial court modified it without following the proper procedure set
forth in OCGA § 17-10-1(f) when it entered an amended sentence on December 7,
2022 changing his recidivist designation from OCGA § 17-10-7(a) to OCGA § 17-10-
7(c). However, Moore was not resentenced; the trial court merely corrected a clerical
error in its final disposition, which it was permitted to do. See State v. Hart, 263 Ga.
App. 8, 9 (587 SE2d 164) (2003) (explaining that the trial court has the “inherent
power to correct its records at any time to show the true intent of the sentencing court
at the time the original sentence was imposed” (quotation marks omitted)).
He also asserts that his sentence is void because the trial court could not run his
12-month sentences consecutively. Moore’s challenge to the trial court’s imposition
of consecutive sentences does not present a colorable claim of voidness because
2
The trial court sentenced Moore to 20 years for family violence aggravated
assault, and 12 months each for family violence battery, violating a family violence
order, hindering an emergency telephone call, and criminal trespass. All of these
sentences fall within their respective statutory ranges of punishment. See OCGA
§§ 16-5-21(i) (family violence aggravated assault is punishable by not less than three
nor more than twenty years); 16-5-23.1(f)(2)(A) (a first conviction of family violence
battery is punishable as a misdemeanor); 16-5-95(c) (violating a family violence order
is punishable as a misdemeanor); 16-10-24.3 (hindering an emergency telephone call
is punishable by up to twelve months); 16-7-21(d) (criminal trespass is punishable as
a misdemeanor); 17-10-3(a) (misdemeanors are punishable by up to twelve months).
“[t]here is no constitutionally cognizable right to concurrent, rather than consecutive,
sentences” and whether to impose consecutive or concurrent sentences for multiple
offenses is within the trial court’s discretion. Osborne v. State, 318 Ga. App. 339,
342(2) (734 SE2d 59) (2012) (quotation marks omitted).
He further argues that his sentence is void because some of the counts should
have merged and the court erred in failing to apply the rule of lenity. However, a
merger claim cannot be considered in a motion to vacate a sentence. Nazario v. State,
293 Ga. 480, 488(2)(d) (746 SE2d 109) (2013). Finally, the fact that a statute
authorizes a trial court to choose between alternative sentences “does not mean the
statute is ambiguous” nor does it “require the trial court to utilize the rule of lenity.”
Waller v. State, 365 Ga. App. 693, 697(3)(a) (879 SE2d 865) (2022).
In the absence of a colorable claim that his sentence is void, Moore is not
entitled to an appeal. For this reason, this application is hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
09/08/2026
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.