Hanh v. the State

PHIPPS, Presiding Judge.

Jamie P Hanh 1 appeals from the amended sentence entered after the trial court granted his motion to vacate void sentence. Hanh contends that the trial court erred in refusing to consider his motion to withdraw his guilty plea after finding his original sentence to be void. Because Hanh had a statutory right to withdraw his guilty plea, we reverse.

Hanh pled guilty to child molestation and was sentenced to 20 years’ imprisonment. Hanh subsequently filed a “Motion to Vacate Void Sentence,” arguing that OCGA § 17-10-6.2 required the trial court to impose a split sentence…