Geter v. State

Court of Appeals of Georgia

Geter v. State

199 S.E.2d 272, 129 Ga. App. 108, 1973 Ga. App. LEXIS 901

CourtCourt of Appeals of Georgia

DecidedMay 16, 1973

Docket48052

StatusPublished

Cited by1 cases

This text of 199 S.E.2d 272 (Geter v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Geter v. State, 199 S.E.2d 272, 129 Ga. App. 108, 1973 Ga. App. LEXIS 901 (Ga. Ct. App. 1973).

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Opinion

Clark, Judge.

This is an appeal from a conviction based on two counts of sales of heroin to an undercover agent which took place on separate occasions, one being October 6, 1971 and the other on October 18, 1971. The sentences were to be served consecutively.

The sole point for consideration is the contention that sentencing of the appellant to consecutive sentences "violated the due process clause and double jeopardy clause of the Fifth Amendment and of the Fourteenth Amendment of the U. S. Constitution and similar provisions of the Georgia Constitution on the grounds that the police permitted the appellant to continue to violate the law and then charged separate offenses, and further since the two crimes occurred within a short period of time, were exactly the same type, and since it was a continuing offense, the trial judge, as a matter of law, must run the [109]*109sentences concurrent.”

Submitted April 4, 1973 Decided May 16, 1973. Glenn Zell, for appellant. Lewis R. Slaton, District Attorney, Dennis S. Mackin, Morris H. Rosenberg, Carter Goode, for appellee.

During the pendency of this appeal this court has ruled adversely to this contention in the cases of Johnson v. State, 128 Ga. App. 69 (195 SE2d 676), Bloodworth v. State, 128 Ga. App. 657 (197 SE2d 423), and Murphy v. State, 129 Ga. App. 28. See also Hoffa v. United States, 385 U. S. 293, 309 (87 SC 408, 17 LE2d 374).

Judgment affirmed.

Hall, P. J., and Evans, J., concur.

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Clark, Judge.

This is an appeal from a conviction based on two counts of sales of heroin to an undercover agent which took place on separate occasions, one being October 6, 1971 and the other on October 18, 1971. The sentences were to be served consecutively.

The sole point for consideration is the contention that sentencing of the appellant to consecutive sentences "violated the due process clause and double jeopardy clause of the Fifth Amendment and of the Fourteenth Amendment of the U. S. Constitution and similar provisions of the Georgia Constitution on the grounds that the police permitted the appellant to continue to violate the law and then charged separate offenses, and further since the two crimes occurred within a short period of time, were exactly the same type, and since it was a continuing offense, the trial judge, as a matter of law, must run the [109]*109sentences concurrent.”

Submitted April 4, 1973 Decided May 16, 1973. Glenn Zell, for appellant. Lewis R. Slaton, District Attorney, Dennis S. Mackin, Morris H. Rosenberg, Carter Goode, for appellee.

During the pendency of this appeal this court has ruled adversely to this contention in the cases of Johnson v. State, 128 Ga. App. 69 (195 SE2d 676), Bloodworth v. State, 128 Ga. App. 657 (197 SE2d 423), and Murphy v. State, 129 Ga. App. 28. See also Hoffa v. United States, 385 U. S. 293, 309 (87 SC 408, 17 LE2d 374).

Judgment affirmed.

Hall, P. J., and Evans, J., concur.

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199 S.E.2d 272, 129 Ga. App. 108, 1973 Ga. App. LEXIS 901, Counsel Stack Legal Research, https://law.counselstack.com/opinion/geter-v-state-gactapp-1973.

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