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Little v. State

The sentence imposed following revocation of the defendant's suspended sentence for three counts of abandonment of a dependent child was void, since none of the children were under the age of 18 at the time of the revocation.

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The trial court revoked Dennis Little’s three-year suspended sentence that was imposed under the First Offender Act for three counts of abandonment of dependent child. Little appeals from the trial court’s denial of his subsequent “Motion to Correct Void Sentence.” Because the trial court was not authorized to revoke Little’s suspended sentence, the sentence imposed is void. We therefore reverse the denial of Little’s motion and vacate his sentence.

The record reveals that in 2009, at a bench trial, Little was found to have committed three counts of felony child abandonment and was sentenced to serve three years on each count to run concurrently. But the court withheld the adjudication of guilty under the provisions of the First Offender Act OCGA § 42-8-60 et seq., and ordered that the three-year sentence be suspended on the condition that Little make child support payments of $1,200 per month. On February 2, 2012, Little stipulated that he was in violation of his suspended sentence, and the trial court revoked the suspension and ordered that Little serve the three years of incarceration.

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