According to the State’s proffer, Hillsman shot a grocery clerk while taking about $400; he later pleaded guilty to armed robbery, aggravated assault, and firearm possession under a negotiated plea. The State recommended 15 years to serve for armed robbery, but the judge imposed a 10-year term with five years in prison and the balance on probation. The prosecutor did not object when the judge announced the departure. The State moved to vacate the armed-robbery sentence and appealed, arguing OCGA § 17-10-6.1 (e) required its consent to a sentence below the ten-year mandatory minimum. The Court of Appeals held that the statute requires an express agreement between prosecutor and defendant; silence, even before the written sentence was entered, did not show consent. It rejected Hillsman’s claim that the State could not appeal a void sentence. The court vacated only the armed-robbery sentence and remanded for resentencing. Chief Judge Mercier and Judge Hodges concurred.