Home/Court of Appeals of Georgia/Jones v. State

Jones v. State

431 S.E.2d 136, 208 Ga. App. 472, 93 Fulton County D. Rep. 1638, 1993 Ga. App. LEXIS 610
Court of Appeals of Georgia·Decided April 13, 1993·No. A93A0328·Published·Cited by 21 cases

Opinion

Johnson, Judge.

Billie Jones pled guilty to violation of the Georgia Controlled Substances Act (sale of Alprazolam). At the sentencing hearing, defense counsel requested that the court grant first offender treatment for Jones. The trial judge denied the request, stating: “I have never granted a first offender. I take the position that once you get to the Superior Court, this is a big folks’ court, and I don’t use the first offender treatment. Never have, never intend to.” The court then sentenced Jones to a term of five years probation. Jones appeals from the sentence, arguing that the judge refused to consider first offender *473 treatment pursuant to a mechanical sentencing policy. We agree.

Decided April 13, 1993. Bruce S. Harvey, Pete C. Whitlock, for appellant. Johnnie L. Caldwell, Jr., District Attorney, Sharon J. Law, Randall K. Coggin, Assistant District Attorneys, for appellee.

In Cottingham v. State, 206 Ga. App. 197, 199 (3) (424 SE2d 794) (1992) we held: “[A] trial court’s use of a mechanical sentencing formula or policy as to any portion of a sentence amounts to a refusal to exercise its discretion and therefore is an abdication of judicial responsibility.” The record reveals that the trial court would not concede that it had a policy with respect to first offender treatment. However, it is clear from the plain language used by the court that it did have a mechanical sentencing policy of never granting first offender status to defendants appearing in superior court. The legislature has specifically provided first offender treatment as a sentencing option in felony cases to be applied at the trial court’s discretion. OCGA § 42-8-60; Todd v. State, 172 Ga. App. 231 (323 SE2d 6) (1984). The trial court’s refusal to consider that option constitutes a refusal to exercise that discretion. The judgment of sentence is vacated, and the case remanded for resentencing with direction that the new sentence not exceed the sentence previously imposed, and the request for first offender status be heard and considered on its merits.

Sentence vacated and case remanded with direction.

Blackburn, J., and Senior Appellate Judge John W. Sognier concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Jones v. State, 431 S.E.2d 136, 208 Ga. App. 472, 93 Fulton County D. Rep. 1638, 1993 Ga. App. LEXIS 610 (Ga. Ct. App. 1993).

431 S.E.2d 136 (Jones v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

John Doe v. State
819 S.E.2d 58 (Court of Appeals of Georgia, 2018)
Graydon v. State
722 S.E.2d 173 (Court of Appeals of Georgia, 2012)
Planas v. State
673 S.E.2d 566 (Court of Appeals of Georgia, 2009)
Ramage v. State
578 S.E.2d 245 (Court of Appeals of Georgia, 2003)
Wilcox v. State
571 S.E.2d 512 (Court of Appeals of Georgia, 2002)
Humphrey v. State
571 S.E.2d 187 (Court of Appeals of Georgia, 2002)
Cook v. State
568 S.E.2d 482 (Court of Appeals of Georgia, 2002)
Horton v. State
554 S.E.2d 812 (Court of Appeals of Georgia, 2001)
Threlkeld v. State
550 S.E.2d 454 (Court of Appeals of Georgia, 2001)
Vanegas v. State
547 S.E.2d 718 (Court of Appeals of Georgia, 2001)
Camaron v. State
539 S.E.2d 577 (Court of Appeals of Georgia, 2000)
Jackson v. State
535 S.E.2d 818 (Court of Appeals of Georgia, 2000)
Griffin v. State
535 S.E.2d 783 (Court of Appeals of Georgia, 2000)
Tolliver v. State
531 S.E.2d 383 (Court of Appeals of Georgia, 2000)
Wilson v. State Farm Mutual Automobile Insurance
520 S.E.2d 917 (Court of Appeals of Georgia, 1999)
Moore v. State
514 S.E.2d 73 (Court of Appeals of Georgia, 1999)
Knapp v. State
477 S.E.2d 621 (Court of Appeals of Georgia, 1996)
Williams v. State
470 S.E.2d 489 (Court of Appeals of Georgia, 1996)
Walton v. State
456 S.E.2d 289 (Court of Appeals of Georgia, 1995)
Stinnett v. State
447 S.E.2d 165 (Court of Appeals of Georgia, 1994)