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Tyson v. State

The trial court did not err in modifying the probationary portion of the defendant's sentence by imposing a condition banishing the defendant from the subdivision where he committed the burglaries in question.

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Korey Tyson pled guilty to two counts of burglary and was sentenced by the trial court. The trial court subsequently modified the probationary portion of his sentence by imposing a condition which banished him from the subdivision in which he committed the burglaries. Tyson appeals the modification of his sentence arguing that the trial court lacked the authority to modify his sentence and also that the modification unlawfully increased his sentence. We find no error and affirm. The record shows that Tyson entered a guilty plea to two counts of burglary on August 8, 2008. The trial court sentenced Tyson to 10 years, 90 to 120 days to be served in a probation detention center with the remainder to be served on probation. Both the plea and the sentence were entered during the April term of court. See OCGA § 15-6-3 36 A.1

On September 30, 2008, within the April term of court, the state filed a “MOTION TO RECONSIDER AND MODIFY SENTENCE,” requesting that Tyson be prohibited from living near the victims of the burglaries for the duration of his sentence. As grounds for the motion, the state alleged that at the time of the burglaries, Tyson was living with his grandmother at a residence “very near” to the victims. The state further alleged that the victims feared Tyson’s return to the neighborhood and that they expected “retaliation” or “at least harassment” from the defendant upon his release.

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