Anthony Spencer v. State

Court of Appeals of the State of Georgia ATLANTA,__________________ July 23, 2014 The Court of Appeals hereby passes the following order: A14A1997. ANTHONY SPENCER v. THE STATE. In 1999, Anthony Spencer entered a negotiated plea to several counts of armed robbery, kidnapping, aggravated assault, and possession of a firearm by a convicted felon. He was sentenced to a total of 40 years. Spencer filed a motion for out-of-time appeal and to withdraw his plea, and we affirmed the trial court’s denial of his motions. See Spencer v. State, 309 Ga. App. 630 ( 710 SE2d 837 ) (2011). In 2013, Spencer filed a motion to vacate his sentence, arguing that his sentence was void under Garza v. State, 284 Ga. 696 ( 670 SE2d 73 ) (2008), which redefined the asportation element of kidnapping. The trial court denied his motion, and he filed this direct appeal. We lack jurisdiction. A direct appeal lies from an order denying or dismissing a motion to correct a void sentence only if the defendant raises a colorable claim that the sentence is, in fact, void or illegal. See Harper v. State, 286 Ga. 216, n.1 ( 686 SE2d 786 ) (2009); Burg v. State, 297 Ga. App. 118, 119 ( 676 SE2d 465 ) (2009). A sentence is void only when the trial court imposes punishment that the law does not allow. See Jordan v. State, 253 Ga. App. 510, 511 (1) ( 559 SE2d 528 ) (2002). Here, Spencer’s argument is a challenge to his convictions, not to his sentence. Accordingly, this appeal is hereby DISMISSED. Court of Appeals of the State of Georgia 07/23/2014 Clerk’s Office, Atlanta,__________________ I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written. , Clerk.