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Grayv.The State

CourtSupreme Court of Georgia
Docket No.S20G0192
DecidedOctober 19, 2020
JudgesSupreme Court of Georgia
Tags
CriminalCriminal ProcedureSentencingStatutory InterpretationCertiorariReversalRemand
Case Summary

The Georgia Supreme Court considered whether a trial court could modify a sentence after one year when the motion to modify had been filed within the statutory one-year period. The Court of Appeals had held that jurisdiction ended one year after sentence regardless of when the motion was filed. The Supreme Court reversed and remanded. It held that a timely motion filed within the authorized period could support later action by the trial court, rejecting the Court of Appeals’s categorical jurisdictional rule. The Court directed further proceedings consistent with its interpretation of the sentencing statute and the version of the statute applicable when the motion was filed.

Opinion

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