Moody, AL asked in Criminal Law and Appeals / Appellate Law for Georgia

Q: Is the 2013 code 17-10-6.1 section "e" mandatory minimum deviation retroactive?

1 Lawyer Answer
Ecleynne Mercy
Ecleynne Mercy
  • Criminal Law Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: Trial court has no discretion to alter or to allow parole board to alter mandatory minimum sentence of ten years for any serious violent felony, including armed robbery.  

Taylor v. State, 1999, 241 Ga.App. 439, 526 S.E.2d 910.

Statute prohibiting trial court from giving first offender status to anyone guilty of a serious violent felony had no retroactive application to defendant to limit discretion of trial judge in what sentence to impose, where serious violent felonies for which defendant was convicted occurred prior to passage of statute.  Camaron v. State, 2000, 246 Ga.App. 80, 539 S.E.2d 577.

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