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Richardson v. State

The trial court properly resentenced the defendant to 20 years in prison following his conviction for aggravated child molestation.

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This is the second appearance of this case before this Court. In the first appeal, we affirmed Corey D. Richardson’s conviction of aggravated child molestation but vacated his sentence and remanded for resentencing. See Richardson v. State, 325 Ga. App. XXVI Feb. 18, 2014 unpublished. After the trial court resentenced him, Richardson filed a pro se “Motion to Correct an Illegal and/or Void Sentence,” which the trial court denied, resulting in the present appeal. Richardson contends that the sentence imposed on remand is illegal and/or void as a matter of law because 1 the trial court failed to consider the provisions of OCGA § 17-10-6.2 that address split-sentences and deviations from the mandatory minimum sentence for sexual offenses; 2 the trial court imposed a sentence that is cruel and unusual under the Eighth Amendment to the United States Constitution; and 3 the trial court was not the proper venue for the prosecution and lacked jurisdiction in the case. For the reasons discussed below, we affirm.

The record reflects that in September 2008, Richardson was indicted for committing an alleged act of aggravated child molestation between January 1, 2001 and January 31, 2003.1 In December 2008, Richardson was tried before a jury, convicted, and sentenced for the indicted crime. The trial court imposed a life sentence, requiring Richardson to serve 25 years in prison with the remainder on probation. The life sentence was predicated on OCGA § 16-6-4 2006 Ga. L. 2006, p. 379, §11,2 the version of the aggravated child molestation statute in effect when Richardson was sentenced.

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