Legal Opinion

State v. Johnson

Court of Appeals of Georgia

Decided May 19, 1987No. 73842PublishedCited by 6 opinions

1Opinion of the Court

Sognier, Judge.

In this appeal the State contends the trial court erred by modifying Johnson’s sentence more than one year after it was imposed. This is a direct appeal from that action. Although OCGA § 5-7-1 does not allow for an appeal by the State from the probation of appellee’s sentence to confinement, the State contends the court’s probation of the sentence is void and this court has held that void sentences are ap-pealable by the State. State v. Stuckey, 145 Ga. App. 434 (243 SE2d 627) (1978); State v. Shuman, 161 Ga. App. 304, 306 (6) (287 SE2d 757) (1982). Thus, we will review this…

Also in this document: Concurrence.

2Cases cited4 opinions

  1. State v. StuckeyCourt of Appeals of Georgia · 1978
  2. State v. ShumanCourt of Appeals of Georgia · 1982
  3. Johnson v. StateCourt of Appeals of Georgia · 1986
  4. Threatt v. StateCourt of Appeals of Georgia · 1980

3Cited by6 opinions

  1. State v. AllmondCourt of Appeals of Georgia · 1997
  2. State v. MarshallCourt of Appeals of Georgia · 1990
  3. State v. CardenCourt of Appeals of Georgia · 2006
  4. State v. SosebeeCourt of Appeals of Georgia · 1989
  5. State v. HamiltonCourt of Appeals of Georgia · 1999

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