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Jackson v. State

The sentences the trial court imposed following the defendant's convictions for child molestation and sexual exploitation of children were void, because the trial court failed to comply with the O.C.G.A. § 17-10-6.2 split-sentence requirement and deviated below the mandatory-minimum sentence without entering the required written findings.

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William Jackson appeals the trial court’s denial of his motion to correct a void sentence, contending that the trial court erred when it 1 failed to impose split sentences on his convictions for child molestation, as required by OCGA § 17-10-6.2 b, and 2 failed to consider and impose sentences below the statutory minimums, as permitted by § 17-10-6.2 c. Because Jackson’s sentences are void for failure to comply with the § 17-10-6.2 split-sentence requirement, we are constrained to vacate them and remand this case for resentencing.

In 2013, Jackson pled guilty to three counts of child molestation and ten counts of sexual exploitation of a minor. The trial court imposed concurrent 20-year prison sentences on each of the child molestation counts and concurrent sentences of 20 years’ probation on each of the sexual exploitation counts, to be served consecutively to the prison terms. The record contains no indication that Jackson directly appealed his judgment of conviction. In July 2015, Jackson filed a motion to correct a void sentence, which the trial court denied. This appeal followed.

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