X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Barnes, Presiding Judge.Orain Clifton Patterson pled guilty to voluntary manslaughter and other offenses, and the trial court sentenced him to a total of 30 years to serve. Proceeding pro se, Patterson subsequently filed “Defendant’s Motion to Modify Sentence under Provisions of OCGA 17101 (f)” (“Motion to Modify Sentence”) and “Motion to Correct Illegally Imposed Sentence by a Person in State Custody” (“Motion to Correct Sentence”). The trial court denied both motions, leading to this appeal. Patterson contends on appeal that the trial court erred in denying his motions because all of his convictions should have merged for sentencing. For the reasons discussed below, we affirm.   The record reflects that on December 5, 2014, Patterson was indicted on one count of malice murder, two counts of felony murder, one count of aggravated assault, one count of possession of a firearm during the commission of a felony, and one count of interstate interference with custody. Patterson thereafter entered a negotiated guilty plea under North Carolina v. Alford, 400 U.S. 25 (91 SCt 160, 27 LE2d 162) (1970) to voluntary manslaughter as a lesserincluded offense of malice murder, possession of a firearm by a convicted felon as a lesserincluded offense of felony murder, possession of a firearm during the commission of a felony, and interstate interference with custody. The State requested and obtained entry of a nolle prosequi order on the remaining felony murder count and the aggravated assault count. The trial court entered a judgment of conviction and sentence on Patterson’s guilty plea on February 13, 2017. The trial court sentenced Patterson to 15 years to serve for voluntary manslaughter and consecutive sentences of 5 years to serve on each of the remaining counts to which Patterson pled guilty, resulting in a total sentence of 30 years to serve.   On August 18, 2017, Patterson filed his pro se Motion to Modify Sentence and his pro se Motion to Correct Sentence. Although Patterson filed two separate motions, he contended in both motions that his sentence was illegal and void because the trial court should have merged all of his convictions under OCGA § 16-1-7 (a) (1)[1] and sentenced him only to 15 years to serve for voluntary manslaughter. The trial court entered orders denying both motions on September 1, 2017. This appeal followed.1. Patterson contends that the trial court erred in denying his Motion to Modify Sentence. We disagree.  The General Assembly has established a specific time frame during which a trial court has jurisdiction to freely modify a criminal sentence. Pursuant to OCGA § 17-10-1 (f), a court may correct or reduce a sentence during the year after its imposition, or within 120 days after remittitur following a direct appeal, whichever is later. Once this statutory period expires, a trial court may only modify a void sentence.

 
Reprints & Licensing
Mentioned in a Law.com story?

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

More From ALM

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
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
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
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
April 25, 2024
Dubai

Law firms & in-house legal departments with a presence in the middle east celebrate outstanding achievement within the profession.


Learn More
April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.


Learn More

Atlanta s John Marshall Law School is seeking to hire one or more full-time, visiting Legal WritingInstructors to teach Legal Research, Anal...


Apply Now ›

Lower Manhattan firm seeks a premises liability litigator (i.e., depositions, SJ motions, and/or trials) with at least 3-6 years of experien...


Apply Now ›

Evergreen Trading is a media investment firm headquartered in NYC. We help brands achieve their goals by leveraging their unwanted assets to...


Apply Now ›
04/15/2024
Connecticut Law Tribune

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


View Announcement ›
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›