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Ellison v. State

Defendant's sentence following his negotiated guilty plea to murder was void to the extent it purported to limit his eligibility for parole in a manner not authorized by statutory law, and the trial court erred in denying his motion to correct void sentence.

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Appellant James Ellison appeals the trial court’s denial of his motion to correct void sentence. Under the controlling authority of Humphrey v. State, 297 Ga. 349 773 SE2d 760 2015, we reverse the judgment of the trial court and remand the case with direction to vacate that portion of Ellison’s sentence which purports to limit his eligibility for parole in a manner not authorized by statutory law.

In September 1994, appellant pled guilty to malice murder and was sentenced to life in prison. Under the plea agreement, which was expressly incorporated into appellant’s sentencing order, appellant agreed that he would not apply for parole or other relief from imprisonment for at least 25 years and that he would not be considered for parole or released from confinement for any reason prior to the expiration of 25 years. In April 2015, appellant, acting pro se, filed a motion to correct void sentence, challenging the validity of such limitations on his ability to seek or be granted parole. The trial court summarily denied appellant’s motion, and appellant initiated this appeal.

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