Powers v. the State

BARNES, Presiding Judge.

Roscoe Powers, Jr., was charged with committing sexual battery in violation of OCGA § 16-6-22.1. With the assistance of an attorney, Powers pled guilty to sexual battery in March 2005 and was sentenced to twelve months, six of which were to be served in confinement. More than eight years later, while incarcerated in federal prison for bank robbery, Powers filed a “Motion to Vacate Void Judgment” arguing that his guilty plea to sexual battery was void under OCGA § 17-9-4 because it was not made freely and voluntarily. Powers also argued that the sentencing judge engaged…