Court of Appeals

of the State of Georgia

ATLANTA,____________________

The Court of Appeals hereby passes the following order:

A16A1365. WAYNE ANTHONY DAVIS v. THE STATE.

Wayne Anthony Davis was convicted in the Superior Court of Decatur County

of kidnapping (with bodily injury) and aggravated assault (family violence). He was

sentenced on May 9, 2012, to life imprisonment (for kidnapping with bodily injury)

and to twenty years imprisonment (for aggravated assault, family violence), to run

concurrently.Davis appealed. ThisCourt affirmed his convictionsfor kidnapping and

aggravated assault. See Davis v. State, 330 Ga. App. 118 (1) (766 SE2d 566) (2014).

The Superior Court of Decatur County received and filed the remittitur on December

12, 2014. 

On February 9, 2016, Davis filed pro se a “Motion to Reduce/Modify

Sentence,” arguing that he was held in jail without just cause for more than 72 hours

after his arrest in Liberty County, Florida, and that investigators gave false

information to the court. The trial court ruled that the allegations in Davis’s motion

to reduce his sentence could only be addressed by a petition for a writ of habeas

corpus and dismissed the motion. Davis then filed this direct appeal.

Under OCGA § 17-10-1 (f), a court may correct or reduce a criminal sentence

within one year of the date upon which the sentence was imposed, or within 120 days

after receipt by the sentencing court of the remittitur upon affirmance of the judgment

after direct appeal, whichever is later. In this case, Davis filed his motion more than

one year after the date upon which the sentences were imposed, and more than 120

days after receipt by the sentencing court of the remittitur upon affirmance on direct

appeal of the convictions and sentences. After the expiration of the period provided

in OCGA § 17-10-1 (f), the sentencing court has jurisdiction to modify a sentence

April 21, 2016
only if and to the extent the defendant’s motion to modify the sentence presents a

cognizable claim that the sentence was void, that is, that the sentence imposes

punishment the law does not allow. von Thomas v. State, 293 Ga. 569, 571 (2) (748

SE2d 446) (2013); Jones v. State, 278 Ga. 669, 670 (604 SE2d 483) (2004).

Generally, a sentence that falls within the statutory range of punishment is not void.

von Thomas v. State, 293 Ga. at 571-572 (2); Jones v. State, 278 Ga. at 670.

In this case, Davis did not argue in his motion that the sentences imposed

exceed the statutory maximums or were otherwise void. Furthermore, the record

showsthat the sentencesimposed did not exceed the statutorymaximums. See OCGA

§ 16-5-40 (d) (4) (“A person convicted of the offense of kidnapping shall be punished

by . . . [l]ife imprisonment or death if the person kidnapped received bodily injury.”);

OCGA § 16-5-21 (c) (Except as otherwise provided, “a person convicted of the

offense of aggravated assaultshall be punished by imprisonment for not lessthan one

nor more than 20 years.”), (k) (“ If the offense of aggravated assault is committed

between past or present spouses, persons who are parents of the same child, parents

and children, stepparents and stepchildren, foster parents and foster children, or other

persons excluding siblings living or formerly living in the same household, the

defendantshall be punished by imprisonment for not lessthan three nor more than 20

years.”). Inasmuch asthe assertions contained in Davis’s post-appeal, post § 17-10-1

(f) motion seeking sentence modification did not raise a colorable claim that the

sentences imposed were void, the trial court lacked jurisdiction to vacate or modify

his sentences. von Thomas v. State, 293 Ga. at 575 (3).

For the same reasons, Davis is not entitled to a direct appeal from the trial

court’s order dismissing his motion. von Thomas v. State, 293 Ga. at 575 (3); Jones

v. State, 278 Ga. at 670; Rooney v. State, 318 Ga. App. 385, 386 (734 SE2d 104)

(2012); Reynolds v. State, 272 Ga. App. 91, 95 (3) (611 SE2d 750) (2005). In

particular, rulings on pleadings asserting erroneous procedure or unfair treatment are

not subject to direct appeal because they are not rulings on whether the sentence is

void. Jones v. State, 278 Ga. at 670. Accordingly, this appeal is DISMISSED for lack

of jurisdiction.
Court of Appeals of the State of Georgia

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.

04/21/2016