Legal Opinion

Gillespie v. State

Court of Appeals of Georgia

Decided August 17, 2011No. A11A1040PublishedCited by 5 opinions

1Opinion of the Court

PHIPPS, Presiding Judge.

David Gillespie appeals the denial of his motion to vacate void sentence. “A sentence is void if the court imposes punishment that the law does not allow. When the sentence imposed falls within the statutory range of punishment, the sentence is not voidf.]” “So long as the sentence imposed is within the statutory limits, we will not disturb it.” Because the trial court correctly determined that Gillespie failed to establish that any sentence imposed upon him was void, we affirm.

In connection with a Cobb County incident in July 1993 Gillespie was indicted and found…

2Cases cited15 opinions

  1. Harper v. StateSupreme Court of Georgia · 2009
  2. Roberts v. StateSupreme Court of Georgia · 2010
  3. Jones v. StateSupreme Court of Georgia · 2004
  4. Williams v. StateSupreme Court of Georgia · 2010
  5. Fleming v. StateSupreme Court of Georgia · 1999

10 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Walker v. the StateCourt of Appeals of Georgia · 2017
  2. Damian C. Bernard v. StateCourt of Appeals of Georgia · 2015
  3. Jeffery Cotton v. StateCourt of Appeals of Georgia · 2013
  4. Kelvin Williams v. StateCourt of Appeals of Georgia · 2023
  5. State v. Marcus Boddie, Sr.Court of Appeals of Georgia · 2025

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API