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Pendleton v. State

The trial court erred in denying the defendant's motion to modify his sentence, as the motion was not untimely pursuant to O.C.G.A. § 17-10-1 subsection f.

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Karl Pendleton appeals the denial of his motion to modify his sentence. For the reasons that follow, we reverse and remand the case.

Pendleton was charged with six counts of criminal attempt to commit armed robbery, burglary, six counts of aggravated assault with intent to rob, possession of a firearm during the commission of a felony, kidnapping with bodily injury, and five counts of false imprisonment. In February 2008,1 he entered a non-negotiated guilty plea and was sentenced to serve ten years.2 On October 27, 2008, Pendleton filed a motion to modify his sentence, to which the State did not respond. The trial court denied the motion as untimely, holding that it lacked authority to modify Pendleton’s sentence because the motion was filed after the expiration of the term of court in which the convictions were entered.

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