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Robert Elijah Wood v. State
Citation: Not availableDocket: A18A0762
Court: Court of Appeals of Georgia; December 3, 2017; Georgia; State Appellate Court
Original Court Document: View Document
Robert Elijah Wood entered an Alford plea in February 2016 for aggravated sexual battery and was sentenced to life imprisonment, with the first 25 years to be served in prison followed by probation. Wood did not pursue a direct appeal after sentencing. In September 2017, he filed a motion to vacate what he claimed was a void sentence, asserting that the trial court failed to impose a proper sentence under OCGA 16-6-22.2 (c). The trial court denied this motion, leading Wood to file a direct appeal. The Court of Appeals determined it lacked jurisdiction over the appeal. According to OCGA 17-10-1 (f), a court can only modify a sentence within a year of its imposition or within 120 days after a direct appeal’s remittitur. After this period, a trial court can only modify a void sentence. A sentence is considered void if it imposes punishment not permitted by law. Wood’s sentence, however, fell within the statutory range for aggravated sexual battery, which allows for either life imprisonment or a split sentence of 25 years to life imprisonment followed by probation. Since Wood did not present a valid claim that his sentence was void, the court dismissed his appeal.