Legal Opinion

State v. Blue

Court of Appeals of Georgia

Decided June 18, 2010No. A10A0082Published

1Opinion of the Court

BARNES, Presiding Judge.

The State appeals from the trial court’s order granting Gregory Blue’s motion to vacate his sentence of 30 years without possibility of parole following his conviction for trafficking in cocaine. The State argues that the trial court lacked jurisdiction to vacate the sentence, the trial court erred in striking the prior criminal convictions used to enhance Blue’s sentence, and the trial court improperly treated Blue’s motion as a habeas corpus petition. For the reasons that follow, we reverse.

On April 3, 2003, Blue was found guilty of trafficking in cocaine, OCGA §…

2Cases cited7 opinions

  1. Burg v. StateCourt of Appeals of Georgia · 2009
  2. Jones v. StateSupreme Court of Georgia · 2004
  3. Williams v. StateSupreme Court of Georgia · 1999
  4. Collins v. StateSupreme Court of Georgia · 2004
  5. Saleem v. ForresterSupreme Court of Georgia · 1993

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