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Wilson v. State

Nothing in O.C.G.A. § 42-8-60 a mandates a probationary period for first offenders.

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On October 3, 1995, Jerry Wilson entered a negotiated guilty plea to voluntary manslaughter and possession of a firearm during the commission of a felony. The trial court sentenced Wilson to consecutive terms of twenty years for manslaughter and five years for the firearm charge. Although the trial court granted Wilson’s request for first offender treatment,1 it ordered him to serve “straight time,” without any probationary period. Approximately five years later, Wilson filed a “Motion to Correct Sentence,” asserting that, given his first offender status, the trial court should have probated part of his sentence. The trial court denied the motion, and Wilson appeals. For reasons that follow, we affirm.

1. Wilson first argues that the trial court erred in ruling that it lacked jurisdiction to hear his motion to correct sentence. The record shows, however, that the trial court denied the motion on its merits. Following a hearing, the trial judge explained to Wilson that first offender treatment “doesn’t mean . . . probation” and stated, “I’m not going to sentence him to probation.” Wilson’s claim that the trial court rejected his motion on jurisdictional grounds has no factual basis.

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