Eshena v. State
Eshena v. State
Opinion of the Court
In April 1988, a jury found Anthony Eshena guilty of armed robbery, and the trial court sentenced him to life in prison. Eshena appealed his conviction, and we affirmed.
As a general rule, a “trial court’s authority to vacate or modify a judgment ends with the expiration of the term of court in which the judgment was entered.”
The term of court in which Eshena was sentenced expired years ago. Eshena nonetheless contends that the trial court has the authority to modify his sentence. According to Eshena, his sentence was void because the trial court imposed it without conducting a presentence hearing, to which he was entitled under OCGA § 17-10-2 (a). We disagree. As the Supreme Court concluded in Williams v. State,
Because the Supreme Court reached its decision in Williams v. State long after Eshena committed his crime, he argues that the application of this case to his situation violates the prohibition against ex post facto laws. Again, we disagree. An ex post facto law is one that was passed after a crime, which retrospectively alters the legal consequences of the act.
Finally, Eshena argues that he received ineffective assistance of counsel based upon his trial attorney’s apparent waiver of Eshena’s right to a presentence hearing. It is well established that a claim of ineffective assistance must be raised at the earliest opportunity, and failure to do so procedurally bars a future claim.
Judgment affirmed.
See Eschena v. State, 203 Ga. App. 621 (417 SE2d 214) (1992).
McBee v. State, 239 Ga. App. 314 (521 SE2d 209) (1999).
(Punctuation omitted.) Id.
271 Ga. 686 (523 SE2d 857) (1999).
Id. at 689 (2).
See id.; McBee, supra.
See Black’s Law Dictionary (4th ed. 1968), p. 662.
See Ga. Const, of 1983, Art. I, Sec. I, Par. X.
(Punctuation omitted.) Ellis v. State, 272 Ga. 763, 765 (1) (534 SE2d 414) (2000).
See id.
Wilcox v. State, 236 Ga. App. 235, 238-239 (4) (511 SE2d 597) (1999); Howard v. State, 233 Ga. App. 724, 730 (7) (505 SE2d 768) (1998).
See id.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.