DILLARD, C. J., DOYLE, P. J., and MERCIER, J.
Cruz pleaded guilty pursuant to a negotiated guilty
to three counts of aggravated child molestation,
aggravated sexual battery,  five counts of child molestation,
sexual exploitation of a child,  and two counts of
solicitation of sodomy from a child under 18. Proceeding pro
se, Cruz appeals from the trial court's denial of his
motion to vacate a void sentence, arguing that the trial
court erred by denying the motion because (1) his sentence
does not comply with OCGA § 17-10-6.2 (2016); and (2)
the court lacked jurisdiction to impose a life sentence. For
the reasons that follow, we vacate in part the order and
remand for resentencing consistent with this opinion.
his entry of a negotiated guilty plea to twelve counts of a
fourteen count indictment, the trial court sentenced Cruz to
life with twenty-five years to serve in confinement and the
balance on probation for the three counts of aggravated child
molestation and one count of aggravated sexual battery, which
sentences the court imposed concurrent to each other; and for
the remaining eight charges the court sentenced Cruz to
twenty years in confinement to run concurrent to each other
and to the other twenty-five year sentences.
first argues that he must be re-sentenced on all counts
because the sentences are illegal and void. Specifically,
Cruz argues that pursuant to New v. State,
sentence is void because the trial court failed to impose a
split sentence as to each of his child molestation
convictions as required by former OCGA § 17-10-6.2 (b)
at that time. The State agrees with Cruz's
contention as to each charge except for the two counts of
solicitation of sodomy from a child under the age of 18.
Cruz's convictions for aggravated child molestation and
aggravated sexual battery, the trial court correctly imposed
a split sentence of 25 years' imprisonment followed by
lifetime probation. As for the convictions for child
molestation and sexual exploitation of a child, we vacate
Cruz's sentences and remand to the trial court for
resentencing consistent with the mandates of former OCGA
§ 17-10-6.2 (b).
regard to the solicitation of sodomy from a child under the
age of 18, that statute is not enumerated in OCGA §
17-10-6.2 (a) (2016) as a statute to which the sentencing
provision found in subsection (b) applies; therefore, despite
the similarities of that crime to the other crimes enumerated
in the statute, the trial court was not required to apply the
provision to those two counts. Accordingly, we vacate
Cruz's sentences for child molestation and sexual
exploitation of a child and remand the case to the trial
court for resentencing as to those counts.
also argues that the trial court erred by denying his motion
to vacate a void sentence because the trial court was not
authorized to impose a life sentence with 25 years in custody
followed by lifetime probation. Because such a sentence falls
within the statutory range of punishment for these charges,
the trial court did not err by denying Cruz's motion as
to these counts.
vacated in part and case remanded.
Dillard, C.J., and Mercier, J., concur.
 The trial court issued an order of
nolle prosequi as to one count of aggravated sexual battery,
OCGA § 16-6-22.2 (b), and one count of cruelty to
children in the first ...