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Levell v. State

The trial court had no authority to modify defendant's prison sentence after expiration of the term of court in which his sentence was entered.

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The issue in this appeal concerns the timeliness of a motion to reduce sentence filed by Anthony Levell. Because the record shows that Levell filed the motion after expiration of the term of court in which his sentence was entered, we conclude that the trial court correctly determined it did not have authority to modify Levell’s prison sentence.

On January 14, 1997, Anthony Levell entered a guilty plea in DeKalb County to one count of public indecency and one count of child molestation. He was sentenced to a total term of ten years, with four years to be served in prison and six to serve on probation. At the time he entered his plea, Levell was a senior in college. So Levell could complete his final semester, the trial judge allowed him to serve a portion of his probationary sentence before beginning his prison sentence. He began his prison sentence on March 29, 1997, upon completing his last examination. After the term of court expired, Levell filed a motion to reduce sentence and later an amended motion to reduce sentence. Following a hearing, the trial court denied the relief sought by Levell. This appeal ensued. We find no error, and we affirm.

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