Georgia Court of Appeals, 2014

Jim Phillip Hollie v. State

Jim Phillip Hollie v. State
Georgia Court of Appeals · Decided March 31, 2014

Jim Phillip Hollie v. State

Opinion

Court of Appeals of the State of Georgia ATLANTA,__________________ March 31, 2014 The Court of Appeals hereby passes the following order: A14A0973. JIM PHILLIP HOLLIE v. THE STATE.

In 2007, Jim Phillip Hollie was convicted of several offenses, including aggravated child molestation. He was sentenced to a total of 30 years, with 15 years to serve.1 Hollie’s convictions and sentences were affirmed on appeal. See Hollie v. State, 298 Ga. App. 1 (679 SE2d 47) (2009). In 2013, Hollie filed a Motion to Correct and Merge Sentence, arguing that his sentence on count 3 should be concurrent with, rather than consecutive to, his sentence for count 1. The trial court denied his motion, and Hollie filed this appeal. We, however, lack jurisdiction.

A sentencing court may modify a sentence within 1 year of its imposition or within 120 days after remittitur following a direct appeal, whichever is later. See OCGA § 17-10-1 (f); Frazier v. State, 302 Ga. App. 346, 347-348 (691 SE2d 247) (2010). Once this statutory period expires, as it has here, a sentencing court may modify a sentence only if it is void. Jones v. State, 278 Ga. 669, 670 (604 SE2d 483) (2004). And a sentence is void only if it imposes punishment that the law does not allow. Von Thomas v. State, 293 Ga. 569, 571 (748 SE2d 446) (2013).

Here, Hollie challenges the fairness of his sentence, but he does not contend that it exceeds the statutory maximum. He has, therefore, failed to raise a valid void- sentence claim. See Jones, supra; Von Thomas, supra.

On counts 1 and 2, Hollie received concurrent sentences of 10 years’ confinement followed by 20 years’ probation. On count 3, he received a sentence of years’ imprisonment, to run consecutive to counts 1 and 2. On counts 4-6, he received sentences of 10 years’ probation, to run concurrent to count 1.

Because Hollie did not raise a colorable argument that his sentence is void, the trial court’s denial of his motion is not subject to direct appeal. See Frazier, supra at 349. Accordingly, this appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia 03/31/2014 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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