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Ward v. State

Humphrey v. Wilson, 282 GA. 520 2007, provides no basis for retroactive application of O.C.G.A. § 42-8-60 d.

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Charles Donald Ward challenges the denial of his pro se motion to vacate a void sentence. We affirm for the reasons set forth below. The record shows that in 1999, Ward, who was then 45 years old, entered a negotiated guilty plea to enticing a child for indecent purposes, a felony,1 and furnishing obscene material to a minor, a misdemeanor.2 Using the Internet, Ward had developed a relationship with the 15-year-old female victim and had sent her pornographic material. Ward then arranged for his own adult daughter, April Ward, to pose as a teenager and to deceive the victim into believing that she was going to spend the weekend with a friend. Instead, April brought the victim to her father’s residence. Ward was sentenced to ten years for the felony and twelve months for the misdemeanor, with the sentences to run concurrently. In accordance with the plea agreement, the trial court allowed him to serve nine years and nine months of the sentence on probation, with only ninety days in jail. Special conditions of probation were imposed, including that Ward have no access to the Internet or any e-mail service. Ward’s attorney persuaded the trial court to sentence him as a first offender.

Ward subsequently admitted violating the special condition of his probation concerning the Internet. At his probation revocation hearing, the state introduced evidence showing that four probation officers made a surprise visit to Ward’s residence on January 28, 2004, where they found a computer connected to the Internet and Ward’s name on an Internet account. A probation officer downloaded several pornographic images of young girls that Ward had sent from his account. Ward’s e-mail address was “[email protected].”

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