Georgia Appellate Court Overturns Sentence Modification for Woman Convicted of Exploiting Disabled Adult

An appellate court has ruled to vacate a trial court’s decision to modify the sentence of Cynthia Devine, a woman convicted of exploiting a disabled adult and committing identity fraud. Devine, who had a unique sentence structure allowing her to serve probation before her custodial sentence, was originally required to pay substantial restitution to the victim but was later granted a reduction in both her sentence and monthly restitution payments. The appellate court found that the trial court exceeded its jurisdiction in making such modifications after Devine had begun serving her custodial sentence.

In 2019, Devine, 51, pleaded guilty to five counts of exploitation of a disabled adult and three counts of identity fraud. The sentencing judge approved a backloaded sentence structure, which allowed Devine to serve five years of probation, followed by five years in custody, and then an additional five years of probation. As part of her probation, Devine was required to pay restitution to the victim at a rate of $1,500 per month. However, four months after the sentencing, the trial court modified her sentence, reducing her responsibility for restitution from $1,500 to $750 per month.

Despite the modification, Devine’s failure to keep up with her restitution payments led to a probation revocation hearing in February 2021. The trial court ordered that Devine begin serving her five-year custodial sentence immediately, eliminating the delayed start date of June 21, 2024. The decision resulted in Devine beginning her custodial sentence more than three years earlier than originally planned. A bench warrant was issued, and Devine was arrested in October 2023.

In December 2023, Devine, citing health issues, moved to have her custodial sentence converted to probation. Over the State’s objection, the trial court granted her motion in January 2024, converting her sentence to 171 months of probation and reducing her monthly restitution payment to $400 until the total restitution was paid or the sentence expired. This modification was controversial, prompting the State to appeal on the grounds that the trial court lacked jurisdiction to alter the sentence once the custodial portion had begun.

On appeal, the court reviewed the legal parameters surrounding the modification of sentences and concluded that the trial court exceeded its authority. Under Georgia law, modifications to sentences are permissible only within the probationary portion of a sentence, not during the custodial phase. Since Devine had already entered the custodial phase of her sentence, the trial court was not authorized to make such changes.

The appellate court also found that the trial court’s modification did not align with the original intent of the sentencing court. The original sentence clearly outlined that Devine would serve five years of probation followed by five years in custody, with a final period of probation that could be terminated if the restitution was fully paid. Modifying the sentence in 2024 to convert her custodial sentence to probation and reduce her restitution payments was inconsistent with this intent, and the appellate court ruled that this modification was a significant departure from the original sentence.

Further, the court dismissed Devine’s argument that her sentence was void, explaining that Georgia law grants judges broad discretion in sentencing, including the ability to structure sentences with a period of probation before the custodial phase. As the original sentence was not in violation of the law, the trial court’s modification was found to be an error.

As a result, the appellate court vacated the trial court’s January 2024 order and remanded the case with instructions to reinstate Devine’s original sentence. Devine’s sentence will now be carried out as originally planned: 15 years total, with five years probation, followed by five years of incarceration, and then an additional five years of probation, contingent upon full restitution payment.