Sasser v. Adkinson

Trial court lacked authority to vacate the remaining portion of defendant's sentence for contempt after expiration of the term of court in which the sentence was entered.

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On July 20, 1998, Pam Sasser filed a family violence petition against Mike Adkinson pursuant to OCGA § 19-13-1 et seq. A temporary protective order was entered, preventing Adkinson from having any contact with Sasser or her daughter. On October 6, 1998, the trial court held Adkinson in contempt for violating the temporary protective order.1 The court sentenced Adkinson to 10 days in jail, but suspended the sentence upon his promise to have no further contact with Sasser. On December 29, 1998, the court again held Adkinson in contempt for contacting Sasser on several occasions.2 The court revoked the earlier suspension of the 10-day jail sentence, ordering that Adkinson spend 10 days in the Cobb County jail. On December 29 or 30, however, Adkinson was released pending appeal. His appeal of the contempt order was dismissed by this Court on August 24, 1999.

On September 16, 1999, Adkinson filed a Motion to Modify or Amend Sentence, alleging that, in addition to spending two days in the Cobb County jail before being released for appeal, he had spent another two days in the Hall County jail on a separate contempt allegation that the court later determined to be unfounded. Adkinson asked that the court give him credit for the two days spent in the Hall County jail and vacate the remaining portion of the 10-day prison sentence. On October 19, 1999, the trial court granted the motion, holding that Adkinson “should not be required to spend the balance of ten 10 days incarcerated in the Cobb County jail.” Sasser appeals this order, contending that the trial court lacked authority to modify the sentence after the expiration of the term of court in which it was entered. We agree.

Sasser v. Adkinson

Trial court lacked authority to vacate the remaining portion of defendant's sentence for contempt after expiration of the term of court in which the sentence was entered.

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