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Leonard v. State

The defendant's suspended sentence on one of the 11 armed robbery counts against him was not authorized by law.

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Acting pro se, inmate Ronald Leonard, Jr., appeals from the trial court’s denial of his motion to correct a void sentence. He contends that the sentence is illegal because 1 one count was suspended in violation of former OCGA § 16-8-41 d, and 2 the sentence was ambiguous.1 For the reasons that follow, we affirm in part and remand for resentencing.

In 1994, Leonard was found guilty of eleven counts of armed robbery stemming from a series of robberies. He was sentenced as follows: life imprisonment for Count 1, twenty years suspended sentence for Count 2, and twenty years on each of the remaining nine counts to be served concurrent with each other and consecutive to the life sentence from Count 1. Leonard then unsuccessfully pursued a direct appeal and habeas relief. In 2013, Leonard, acting pro se, filed a “Motion to Correct Void and Ambiguous Sentences.”

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