The State of Georgia appeals from a superior court order granting Woodson Hart’s motion for the court: 1 to conform the original sentence imposed on him at a prior term of court to reflect the sentence intended by the court, and 2 to remove the State’s detainer lodged against him based on the original sentence. Although we find the court had inherent power to correct errors in the recording of the sentence to conform it to the court’s intention at the time sentence was imposed, we conclude the sentence the court intended to impose was indeterminate and void. Accordingly, we vacate the conformed sentence and remand the case to the superior court for re-sentencing. Because the detainer was based on the sentence, we affirm the removal of the detainer. Pursuant to a negotiated guilty plea, Hart was sentenced on March 1, 2001 in the Dougherty Superior Court on offenses of violation of oath of office two counts, bribery, and perjury. The written sentence entered by the court showed Hart was sentenced to a period of 27 months in prison followed by a period of 93 months on probation, and that the period of imprisonment was to be served concurrent with a term of imprisonment Hart had already been sentenced to serve in federal prison. The record shows that Hart’s federal prison term was also for 27 months, but that Hart was tentatively scheduled to obtain early release from federal prison in March 2003 after serving about 24 months of the 27 month federal sentence. In June of 2001, the State lodged a detainer against Hart with the Federal Bureau of Prisons requesting that Hart be transferred into the custody of the State upon any early release from federal prison. Pursuant to the detainer, the State intended to take custody of Hart if he was released from federal prison prior to serving his entire 27 month federal sentence and incarcerate him in state prison for the remainder of the 27 month period to complete his state prison term.
In January 2003, Hart filed a motion in Dougherty Superior Court contending that the superior court judge who sentenced him in March 2001 intended that his state term of imprisonment be concurrent with his federal confinement and that, upon release from federal prison, he serve no additional time in state prison. Accordingly, Hart moved for the sentencing judge to conform the sentence to that intention and order that the detainer be removed.
