State v. Mohamed

Andrews, Judge.

The State appeals the 1991 modification of defendant’s misdemeanor sentence by the court after its entry in 1985, contending that it was an illegal modification.

1. First considering defendant’s motion to dismiss the State’s direct appeal as violative of OCGA § 5-7-1, it is denied. “ ‘Notwithstanding the provisions of OCGA § 5-7-1, the State may appeal directly an illegal judgment. [Cits.]’ State v. Bilal, 192 Ga. App. 185 (384 SE2d 253) (1989).” State v. Smith, 193 Ga. App. 831 (1) (389 SE2d 547) (1989).

2. On October 7, 1985, defendant was sentenced on a guilty plea to 12…