Tony E. Floyd v. State
Tony E. Floyd v. State
Opinion
Court of Appeals of the State of Georgia ATLANTA,____________________ September 29, 2015 The Court of Appeals hereby passes the following order: A15A2215. TONY E. FLOYD v. THE STATE.
In 2002, Tony E. Floyd was convicted of armed robbery and sentenced as a recidivist to life imprisonment. We affirmed his conviction in an unpublished opinion. See Case No. A09A1841 (decided January 28, 2010). In 2015, Floyd filed a motion to void his illegal sentence. The trial court denied the motion, and we dismissed Floyd’s appeal because he had not raised a colorable void-sentence argument. See Case No. A15A1539 (dismissed May 4, 2015). Floyd then filed a second motion to void his illegal sentence, which the trial court denied. Floyd now appeals.
As we advised Floyd in his previous appeal, 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. 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 trial court may modify a sentence only if it is void. See id. 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).
In his void-sentence motion, Floyd alleged that his sentence is void because his written judgment of conviction does not include a citation to any habitual offender provision. Because Floyd did not contend that his sentence was longer than the law allows, he did not raise a colorable void-sentence argument. Accordingly, his appeal is hereby DISMISSED for lack of jurisdiction.
Court of Appeals of the State of Georgia 09/29/2015 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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