Priest v. State

2 Citing cases

  1. McCranie v. State

    335 Ga. App. 548 (Ga. Ct. App. 2016)   Cited 12 times
    Holding that a sentence for statutory rape that did not comply with OCGA ยง 17-10-6.2 was void

    2(c), McCranie's sentence for statutory rape is void. See Priest v. State, 281 Ga.App. 89, 90(3), 635 S.E.2d 377 (2006) (where mandatory minimum sentence for serious violent felony was ten years imprisonment, sentence of ten years probation was and void). Accordingly, we vacate McCranie's sentence for statutory rape and remand to the trial court for resentencing so that the trial court can either sentence McCranie to the mandatory minimum or issue a written order setting forth its reasons for deviating therefrom.

  2. Croy v. State

    709 S.E.2d 913 (Ga. Ct. App. 2011)

    (b) Notwithstanding any other provisions of law to the contrary, any person convicted of a serious violent felony as defined in paragraphs (2) through (7) of subsection (a) of this Code section shall be sentenced to a mandatory minimum term of imprisonment of ten years and no portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court and shall not be reduced by any form of pardon, parole, or commutation of sentence by the State Board of Pardons and Paroles. . . . See also Priest v. State, 281 Ga. App. 89, 91 ( 635 S.E.2d 377) (2006). The State's argument that Croy's motion to withdraw was untimely is without merit.