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Patel v. State

The trial court erred in concluding that it lacked discretion to grant defendant's motion for leniency on his misdemeanor sentences after the term of court in which the sentences were entered.

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Pulin R. Patel was tried before a jury in the City Court of Atlanta and found guilty of following too closely, leaving the scene of an accident, reckless driving, and driving under the influence of alcohol. His convictions were affirmed on direct appeal. In Case Number A00A2390, Patel appeals from the denial of his subsequent motion to modify his four misdemeanor sentences.

1. The trial court’s order denied Patel’s motion on the ground that “a trial court loses power to modify, suspend or vacate its judgments after the term at which they are rendered.”1 That is the general rule for both felony and misdemeanor convictions but the rule is different for misdemeanor sentences imposed under OCGA § 17-10-3 a 1.2 “The sentencing courts shall retain jurisdiction to amend, modify, alter, suspend, or probate sentences under paragraph 1 of subsection a of OCGA § 17-10-3 at any time. . . .”3 Thus, the trial court here retained the discretionary authority to grant Patel’s motion to modify any misdemeanor sentences imposed under that Code section.4 But such discretion does not extend to the sentence for driving under the influence. Sentences for driving under the influence are otherwise provided for by OCGA § 40-6-391 c.

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