State v. Carden

Phipps, Judge.

The state appeals the sentence imposed upon Deborah Lee Carden for methamphetamine trafficking, contending that it is void. The state has only a limited right of appeal in criminal cases, 1 and OCGA § 5-7-1 (a) enumerates the circumstances. 2 In this case, the state relies upon paragraph (5) of that subsection, pursuant to which it may contest a void sentence. 3 Therefore, we will review this case in light of the state’s contention that the trafficking sentence is void. 4

“A sentence is void if the court imposes punishment that the law does not allow.” 5 The state argues that the…