Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Hyde v. State

The defendant's sentence of life without the possibility of parole, which the trial court imposed under Georgia's recidivist statute, O.C.G.A. § 17-10-7 subsection c, was void, because § 17-10-7 subsection c did not allow recidivist punishment for malice murder at that time, and the trial court thus erred in denying the defendant's motion to vacate a void sentence.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Appellant Hopton Hyde appeals from the trial court’s denial of his motion to vacate an alleged void sentence of life without the possibility of parole. As the State concedes, the trial court erred in denying the motion. Accordingly, we reverse the trial court’s judgment and remand the case with direction.

1. On February 1, 2000, a jury found appellant guilty of malice murder, aggravated assault, felony murder in the commission of aggravated assault, and possession of a knife during the commission of a crime. Under subsection c of Georgia’s recidivist statute, OCGA § 17-10-7, the trial court sentenced appellant as a recidivist to life in prison without the possibility of parole for malice murder.1 We affirmed on direct appeal. See Hyde v. State, 275 Ga. 693 572 SE2d 562 2002. In May 2014, Hyde filed a pro se motion, contending that his sentence of life without the possibility of parole was void because the trial court, when it sentenced him, was not allowed by law to impose that sentence for murder. The trial court denied the motion, and appellant filed a timely appeal.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2024
June 20, 2024
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
Consulting Top Consultants 2024
June 27, 2024
New York

Consulting Magazine identifies consultants that have the biggest impact on their clients, firms and the profession.


Learn More
Elite Trial Lawyers 2024
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
Go to Events Go to Webcasts
Associate Attorney

Associate attorney position at NJ Immigration Law firm: Leschak & Associates, LLC, based in Freehold, NJ, is looking for a full time ass...


Apply Now ›
ASSOCIATE ATTORNEY-PERTH AMBOY-NJ

Company Description CourtLaw Injury Lawyers is an established Personal Injury Law Firm with its primary office located in Perth Amboy, New J...


Apply Now ›
BANKRUPTCY & COMMERCIAL LITIGATION ASSOCIATE

McCarter & English, LLP, a well established and growing law firm, is actively seeking a talented and driven associate having 2-5 years o...


Apply Now ›
Go to Lawjobs
Clifford Law Offices, PC
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements