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Kimbrough v. State

The defendant's motion to "vacate/correct void sentence" presented no cognizable claim that a life sentence was void, thus the trial court should have dismissed it for lack of jurisdiction.

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Cedric Kimbrough appeals the denial of his motion to “vacate/correct void sentence.” For reasons set forth below, we vacate the denial of the motion and remand the case for dismissal of Kimbrough’s motion.

After a jury trial held in April 1993, Kimbrough was convicted in Fulton County Superior Court upon charges that: i on December 12, 1992, he sold cocaine; and ii on December 17, 1992, he was in possession of cocaine with the intent to distribute. On April 28, 1993, in connection with those charges, the court imposed upon Kimbrough recidivist punishment of two concurrent terms of life imprisonment. On Kimbrough’s direct appeal,1 this court determined, inter alia, that the evidence was sufficient to uphold the drug convictions,2 reciting:

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