Kinsey v. State

3 Citing cases

  1. Martin v. State

    369 Ga. App. 193 (Ga. Ct. App. 2023)

    (Citation and punctuation omitted.) Kinsey v. State , 350 Ga. App. 317, 318, 829 S.E.2d 398 (2019). The facts of this case are undisputed.

  2. Howard v. State

    362 Ga. App. 445 (Ga. Ct. App. 2022)

    Accordingly, because the trial court improperly acted outside the applicable term of court, we reverse the court's order vacating the grant of an out-of-time appeal and dismissing Howard's motion for new trial. See Kinsey v. State , 350 Ga. App. 317, 321 (1), 829 S.E.2d 398 (2019) (trial court erred in setting outside order discharging probation outside of term of court where discharge order did not impose an illegal sentence and was not void). Citing Sosebee v. State , 282 Ga. App. 905, 640 S.E.2d 379 (2006), the State asserts that "when [a consent] order grants defendant relief that defendant is not entitled to receive, the consent order is void and the court is required to correct the error."

  3. Taylor v. State

    A19A1973 (Ga. Ct. App. Mar. 9, 2020)

    The State has provided no compelling reason for this Court to deviate from its decision in Kinsey, and therefore, the trial court's order granting the State's untimely motion for reconsideration is reversed, thereby reinstating the trial court's February 2 and February 15 orders terminating Taylor's probation and discharging her under the First Offender Act. 350 Ga. App. 317 (829 SE2d 398) (2019). See id. at 318-321 (1) (distinguishing the situation from Pestana v. State, 328 Ga. App. 454 (762 SE2d 178) (2014), in which the trial court's order reinstating probation after initially terminating it based on an erroneous petition was upheld because the trial court "explicitly proceeded under its inherent authority to modify or vacate its own orders or judgment during the same term of court").