Koatiki Felder v. State
Koatiki Felder v. State
Opinion
Court of Appeals of the State of Georgia ATLANTA,____________________ September 14, 2022 The Court of Appeals hereby passes the following order: A22A1493. KOATKI FELDER v. THE STATE.
In 1994, Koatki Felder entered a negotiated guilty plea to two counts of selling cocaine and was sentenced to life imprisonment on each count, with the sentences to run concurrently. Twenty-eight years later, in March, 2022, Felder filed a motion to modify his sentence. The trial court denied that motion, and Felder then filed this appeal. We, however, lack jurisdiction.
A “sentencing court generally has jurisdiction to modify . . . a sentence [of imprisonment] only for one year following the imposition of the sentence. OCGA § 17-10-1 (f).” von Thomas v. State, 293 Ga. 569, 571-573 (2) (748 SE2d 446) (2013).
Thereafter, an appeal may lie from an order denying a motion to vacate or correct a void sentence only if the defendant raises a colorable claim that the sentence is, in fact, void. See Harper v. State, 286 Ga. 216, 217 n.1 (686 SE2d 786) (2009); Burg v. State, 297 Ga. App. 118, 119 (676 SE2d 465) (2009). A sentence is void if the court imposes punishment that the law does not allow. Jones v. State, 278 Ga. 669, 670 (604 SE2d 483) (2004). “Motions to vacate a void sentence generally are limited to claims that – even assuming the existence and validity of the conviction for which the sentence was imposed – the law does not authorize that sentence, most typically because it exceeds the most severe punishment for which the applicable penal statute provides.” von Thomas 293 Ga. at 572 (2). When a sentence is within the statutory range of punishment, it is not void. Jones, 278 Ga. at 670.
In support of his motion to modify, Felder points to the fact that in 1996, the General Assembly amended the relevant statute to provide that a first conviction for the sale of cocaine was punishable by a maximum sentence of 30 years imprisonment. See OCGA § 16-13-30 (d). Felder’s crimes, however, had to be “punished according to the provisions of the law existing at the time of [their] commission.” Ewell v. State, 318 Ga. App. 812, 816 (3) (a) (734 SE2d 792) (2012) (punctuation omitted). See Widner v. State, 280 Ga. 675, 676-677 (1, 2) (631 SE2d 675) (2006); Canales v. State, 359 Ga. App. 750, 754-755 (860 SE2d 66) (2021). And Felder does not dispute that the law in effect at the time he committed the crimes at issue allowed a sentence of life in prison on each count. Felder, therefore, has not raised a colorable argument that his sentence is void, and thus the trial court’s denial of his motion to modify his sentence is not subject to direct appeal. See Frazier v. State, 302 Ga. App. 346, 348 (691 SE2d 247) (2010). Accordingly, this appeal is DISMISSED.
Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 09/14/2022 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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.