A court only has power to modify or reduce a sentence for a limited period of time. Brown v. State, 295 Ga. App. 66 (2008). Except as provided by statute, a judge has no power to modify a valid sentence of imprisonment after the term of court in which it was imposed has expired. Griggs v. State, 314 Ga. App. 158 (2012). A motion made during the term of court extends the power to modify the sentence. Tyson v. State, 301 Ga. App. 295 (2008). The authority of the judge to modify the sentence does not include the power to vacate the conviction. Ellison v. State, 283 Ga. 461 (2008).
Under O.C.G.A. § 17-10-1 (f): “Within one year of the date upon which the sentence is 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, the court imposing the sentence has the jurisdiction, power, and authority to correct or reduce the sentence and to suspend or probate all or any part of the sentence imposed. Prior to entering any order correcting, reducing, or modifying any sentence, the court shall afford notice and an opportunity for a hearing to the prosecuting attorney. Any order modifying a sentence which is entered without notice and an opportunity for a hearing as provided in this subsection shall be void.” Grady v. State, 311 Ga. App. 620 (2011).
For misdemeanor sentences under O.C.G.A. § 17-10-3 when the defendant is sentenced to serve the sentence in the county jail, the judge keeps jurisdiction and can modify the sentence at any time. State v. Sanchez, 312 Ga. App. 837 (2011).
A void sentence can be modified at any time. Stokes v. State, 314 Ga. App. 8 (2012); Phillip v. State, 313 Ga. App. 302 (2011). A sentence is void if the court imposes punishment that the law does not allow. Mikell v. State, 309 Ga. App. 608 (2011); Rooney v. State, 287 Ga. 1 (2010). When a sentence imposed falls within the punishment allowed by law, the sentence is not void and modification is not required. Gillespie v. State, 311 Ga. App. 442 (2011); Benford v. State, 316 Ga. App. 95 (2012); LaBrew v. State,315 Ga. App. 865 (2012).
The denial of a timely motion to modify may be directly appealed. Bradberry v. State, 315 Ga. App. 434 (2012); Anderson v. State, 290 Ga. App. 890
(2008).
The judge orally sentences the defendant in open court. The sentence is then put in writing called a written judgment and filed with the clerk of the court. While a judge's oral statements in court may provide insight into his intent, it is the written judgment that controls if there is any discrepancies between the two. In the Interest of R.W., 315 Ga. App. 227 (2012); State v. Hamby, A12A1159. Any constitutional challenges to a sentence or sentencing statute must be raised at the time of sentence and are untimely if presented for the first time in a motion for new trial. Brinkley v. State, 291 Ga. 195 (2012).
The denial of a timely motion to modify may be directly appealed. Bradberry v. State, 315 Ga. App. 434 (2012); Anderson v. State, 290 Ga. App. 890
(2008).