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Brown v. State

The trial court had authority to correct defendant's void sentence almost two years after his original sentence was entered.

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Christopher Brown, pro se, appeals from an amended judgment of conviction, contending his sentence is illegal. On February 17, 2003, the Crisp County Superior Court amended Brown’s March 6, 2001 sentence and entered a new sentence based upon the State’s1 oral motion to correct a sentencing “irregularity.” Although neither the State nor the court used the word “void” to describe Brown’s original 25-year concurrent prison terms for his six counts of aggravated assault, it is clear from the entire record that the State asked for and the trial court entered a sentence modification based upon the fact that the “maximum time on an aggravated assault is 20 years.” See OCGA § 16-5-21 b. In a criminal case, the inherent power of a trial court to modify, suspend, or vacate a judgment ceases at the end of the term in which it is rendered. Pledger v. State , 193 Ga. App. 588, 589 2 a 388 SE2d 425 1989. However, the trial court may correct a sentence the law does not allow at any time. Battle v. State , 235 Ga. App. 101, 102 508 SE2d 467 1998. Because the trial court properly amended Brown’s judgment of conviction to correct a void sentence, we affirm.

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