State v. Smith

The state is authorized to appeal a criminal sentence only where it is absolutely void due to some legal prohibition. See State v. Stuckey, 145 Ga. App. 434 (243 SE2d 627) (1978). The test is not whether the sentence was technically correct but whether it “ ‘could legally have been imposed.’ ” State v. Wilkerson, 161 Ga. App. 185, 186 (288 SE2d 137) (1982). The sentence imposed on the appellant’s armed robbery convictions clearly was not less than that permitted by law. Consequently, the state’s appeal should be dismissed for lack of jurisdiction. I concur, however, in the affirmance of the…