Harper v. State

Jimmy Harper appeals pro se from the denial of his motion to modify a 1986 sentence and to compel the State Board of Pardons and Paroles to grant parole on his behalf. For the reasons that follow, we affirm. In October 1986, Harper was sentenced to imprisonment of 20 years for the offenses of armed robbery and aggravated assault. He was granted parole in 1995, which was revoked in April 2001 due to his March 2001 conviction for possession and sale of cocaine. He was subsequently notified by the State Board of Pardons and Paroles the “Board” that because he was sentenced as a recidivist on the 1986 convictions pursuant to OCGA § 17-10-7 c, he would not be considered for parole and would be discharged from confinement upon completion of his sentence. It appears to be undisputed that Harper was not sentenced as a recidivist on the 1986 conviction, however.

Harper then filed a “Motion to Modify Sentence/Nunc Pro Tunc Order.” He argued that the Board erroneously found that he was sentenced as a recidivist. He sought an order directing the agency having custody over him “to correct a clerical error on the recidivist punishment so defendant can make parole.” He further requested the trial court “to modify the sentence by correcting and voiding the clerical error which is denying him parole and compel the Georgia Department of Corrections to comply with” the United States and Georgia Constitutions “to preclude false imprisonment pursuant to not being sentenced as a recidivist.”