Opinion
A22A1493
09-14-2022
KOATKI FELDER v. THE STATE.
The Court of Appeals hereby passes the following order:
In 1994, Koatki Felder entered a negotiated guilty plea to two counts of selling cocaine and was sentenced to life imprisonment on each count, with the sentences to run concurrently. Twenty-eight years later, in March, 2022, Felder filed a motion to modify his sentence. The trial court denied that motion, and Felder then filed this appeal. We, however, lack jurisdiction.
A "sentencing court generally has jurisdiction to modify . . . a sentence [of imprisonment] only for one year following the imposition of the sentence. OCGA § 17-10-1 (f)." von Thomas v. State, 293 Ga. 569, 571-573 (2) (748 S.E.2d 446) (2013). Thereafter, an appeal may lie from an order denying a motion to vacate or correct a void sentence only if the defendant raises a colorable claim that the sentence is, in fact, void. See Harper v. State, 286 Ga. 216, 217 n.1 (686 S.E.2d 786) (2009); Burg v. State, 297 Ga.App. 118, 119 (676 S.E.2d 465) (2009). A sentence is void if the court imposes punishment that the law does not allow. Jones v. State, 278 Ga. 669, 670 (604 S.E.2d 483) (2004). "Motions to vacate a void sentence generally are limited to claims that - even assuming the existence and validity of the conviction for which the sentence was imposed - the law does not authorize that sentence, most typically because it exceeds the most severe punishment for which the applicable penal statute provides." von Thomas 293 Ga. at 572 (2). When a sentence is within the statutory range of punishment, it is not void. Jones, 278 Ga. at 670.
In support of his motion to modify, Felder points to the fact that in 1996, the General Assembly amended the relevant statute to provide that a first conviction for the sale of cocaine was punishable by a maximum sentence of 30 years imprisonment. See OCGA § 16-13-30 (d). Felder's crimes, however, had to be "punished according to the provisions of the law existing at the time of [their] commission." Ewell v. State, 318 Ga.App. 812, 816 (3) (a) (734 S.E.2d 792) (2012) (punctuation omitted). See Widner v. State, 280 Ga. 675, 676-677 (1, 2) (631 S.E.2d 675) (2006); Canales v. State, 359 Ga.App. 750, 754-755 (860 S.E.2d 66) (2021). And Felder does not dispute that the law in effect at the time he committed the crimes at issue allowed a sentence of life in prison on each count. Felder, therefore, has not raised a colorable argument that his sentence is void, and thus the trial court's denial of his motion to modify his sentence is not subject to direct appeal. See Frazier v. State, 302 Ga.App. 346, 348 (691 S.E.2d 247) (2010). Accordingly, this appeal is DISMISSED.