In support of its ruling, the trial court relied on Pestana v. State as legal authority. 328 Ga. App. 454, 762 S.E.2d 178 (2014). In Pestana , the appellant was charged with aggravated assault, and he accepted a plea deal sentencing him to serve ten years of probation under the first offender statute.

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"). See Kinsey, 288 Ga. App. at 318-322 (1).

Our case law also recognizes that jeopardy does not attach to a sentence that is otherwise unauthorized by law.See, e.g. , Newton v. United States , 613 A.2d 332, 335 (D.C. 1992) ; Pestana v. State , 328 Ga.App. 454, 762 S.E.2d 178, 181–82 (2014) ; People v. Brock , 2007 WL 2275628, at *1–2 (Mich. App. Aug. 9, 2007) (unpublished); People v. Mueller , 2000 WL 33519527, at *1 (Mich. App. Apr. 21, 2000) (unpublished).See Shagloak v. State , 582 P.2d 1034, 1037–38 (Alaska 1978).