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Joyner v. State

The contents of an order purporting to reduced the defendant's sentence were not authenticated and the order did not grant the relief sought by the defendant.

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Christopher Joyner entered a negotiated guilty plea to the offense of child molestation OCGA § 16-6-4 a 1, and was sentenced under the First Offender Act, OCGA § 42-8-60 et seq., to ten years probation. Approximately five years later, Joyner filed a motion to correct the record, contending that the prior sentencing judge had issued an order that reduced his probation to five years, but the order had been lost and omitted from the record in the trial court. The trial court denied the motion, from which Joyner appeals. We discern no error and affirm. We review orders declaring a lost record “established” or “not established” under OCGA § 24-8-1 for abuse of discretion. OCGA § § 24-8-1 and 24-8-2. The trial court’s exercise of discretion in such regard will be affirmed where there is evidence to support it. In the Interest of J. I. H. , 191 Ga. App. 848, 849 1 383 SE2d 349 1989.

The record shows that in November 2005, Joyner filed a motion to terminate his probation based on his status as an active member of the Florida National Guard, and the trial court granted the motion in February 2007. Thereafter, however, the trial court rescinded its prior order terminating his probation stating that: “the prior termination order was not valid or legal and the court orders that this defendant remain on probation unless he goes to Iraq.” In a subsequent order, the trial court further clarified that Joyner’s probation was active and that its prior order terminating Joyner’s probation was a nullity based on Joyner’s fraudulent representation that he was then en route to Iraq for military service.

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