Riley v. State

3 Citing cases

  1. Cosby v. State

    365 Ga. App. 574 (Ga. Ct. App. 2022)

    "Pretermitting whether [Cosby] preserved his competency argument, and in light of the fact that trial courts have an independent obligation to ensure the defendant is competent to stand trial if there is any cause for concern, we address this issue on the merits." Riley v. State , 356 Ga. App. 606, 610 (2), n. 6, 848 S.E.2d 474 (2020). See also Crawford v. State , 355 Ga. App. 401, 403–04 (2), 844 S.E.2d 294 (2020) (although defendant waived a special jury trial on the issue of competency by failing to file a special plea of incompetence, he did not waive his right to an "adequate hearing" on the issue).

  2. Garibay v. State

    No. A21A1804 (Ga. Ct. App. Sep. 22, 2021)

    Garibay's sole argument on appeal is that the trial court erred by sentencing him as a recidivist under OCGA § 17-10-7 (a) and (c) because both subsections cannot be applied to the same case and the subsections should not be read together. He acknowledges that we have held that a trial court may apply both subsections, see, e.g., Riley v. State, 356 Ga.App. 606, 615-616 (5) (848 S.E.2d 474) (2020), but he urges us to overrule those cases. (He also acknowledges that our Supreme Court has held that "[a]ll of [the] subsections of OCGA § 17-10-7 must be read together."

  3. Garibay v. State

    361 Ga. App. 218 (Ga. Ct. App. 2021)

    Garibay's sole argument on appeal is that the trial court erred by sentencing him as a recidivist under OCGA § 17-10-7 (a) and (c) because both subsections cannot be applied to the same case and the subsections should not be read together. He acknowledges that we have held that a trial court may apply both subsections, see, e.g., Riley v. State , 356 Ga. App. 606, 615-616 (5), 848 S.E.2d 474 (2020), but he urges us to overrule those cases. (He also acknowledges that our Supreme Court has held that "[a]ll of [the] subsections of OCGA § 17-10-7 must be read together."