Massey v. State

Court of Appeals of Georgia

Massey v. State

493 S.E.2d 255, 229 Ga. App. 123, 97 Fulton County D. Rep. 4116, 1997 Ga. App. LEXIS 1362, 1997 WL 677585

CourtCourt of Appeals of Georgia

DecidedNovember 3, 1997

DocketA97A2317

StatusPublished

Cited by6 cases

This text of 493 S.E.2d 255 (Massey 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.

Bluebook

Massey v. State, 493 S.E.2d 255, 229 Ga. App. 123, 97 Fulton County D. Rep. 4116, 1997 Ga. App. LEXIS 1362, 1997 WL 677585 (Ga. Ct. App. 1997).

Pincite

Opinion

Blackburn, Judge.

After pleading guilty to burglary, Massey was sentenced to serve a split sentence of twelve years, the first five years in confinement and the remaining seven years on probation. As a condition of probation, Massey was banished from the counties comprising the Southern Judicial Circuit. 1 Massey contends that this banishment violates both the Eighth Amendment to the United States Constitution and Art. I, Sec. I, Par. XVII of the Georgia Constitution.

As Massey made no objection to the sentence in the trial court, neither of the constitutional issues he now raises was preserved for appellate review. This Court will not consider constitutional issues which were not raised below. Ogletree v. State, 211 Ga. App. 845, 846 (1) (440 SE2d 732) (1994). Furthermore, this is not a case of “exceptional circumstances” where the Court will excuse the failure and *124 take notice of the error sua sponte. Presha v. State, 220 Ga. App. 124 (469 SE2d 293) (1996).

Decided November 3, 1997. Andrew W. Clark, for appellant. J. David Miller, District Attorney, James E. Hardy, Mark E. Mitchell, Assistant District Attorneys, for appellee.

“[Massey] has the burden to show the probation condition is unreasonable. He does not contend that banishment itself is unreasonable but that it is excessive in length. We affirmed a banishment of ten years, with no discussion about length, in Edwards v. State, 173 Ga. App. 589, 590-591 (1) (327 SE2d 559) (1985). [Massey’s] probation condition was imposed on a sentence of lawful duration, and is of recognized utility. As the State points out, [Massey] could have been banished to prison for the entire [12] years.” (Citations omitted.) Id. at 125.

Judgment affirmed.

Pope, P. J., and Johnson, J., concur.

1

The Southern Judicial Circuit includes the counties of Brooks, Colquitt, Echols, Lowndes, and Thomas, of the latter of which Massey was a lifelong resident.

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Blackburn, Judge.

After pleading guilty to burglary, Massey was sentenced to serve a split sentence of twelve years, the first five years in confinement and the remaining seven years on probation. As a condition of probation, Massey was banished from the counties comprising the Southern Judicial Circuit. 1 Massey contends that this banishment violates both the Eighth Amendment to the United States Constitution and Art. I, Sec. I, Par. XVII of the Georgia Constitution.

As Massey made no objection to the sentence in the trial court, neither of the constitutional issues he now raises was preserved for appellate review. This Court will not consider constitutional issues which were not raised below. Ogletree v. State, 211 Ga. App. 845, 846 (1) (440 SE2d 732) (1994). Furthermore, this is not a case of “exceptional circumstances” where the Court will excuse the failure and *124 take notice of the error sua sponte. Presha v. State, 220 Ga. App. 124 (469 SE2d 293) (1996).

Decided November 3, 1997. Andrew W. Clark, for appellant. J. David Miller, District Attorney, James E. Hardy, Mark E. Mitchell, Assistant District Attorneys, for appellee.

“[Massey] has the burden to show the probation condition is unreasonable. He does not contend that banishment itself is unreasonable but that it is excessive in length. We affirmed a banishment of ten years, with no discussion about length, in Edwards v. State, 173 Ga. App. 589, 590-591 (1) (327 SE2d 559) (1985). [Massey’s] probation condition was imposed on a sentence of lawful duration, and is of recognized utility. As the State points out, [Massey] could have been banished to prison for the entire [12] years.” (Citations omitted.) Id. at 125.

Judgment affirmed.

Pope, P. J., and Johnson, J., concur.

1

The Southern Judicial Circuit includes the counties of Brooks, Colquitt, Echols, Lowndes, and Thomas, of the latter of which Massey was a lifelong resident.

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493 S.E.2d 255, 229 Ga. App. 123, 97 Fulton County D. Rep. 4116, 1997 Ga. App. LEXIS 1362, 1997 WL 677585, Counsel Stack Legal Research, https://law.counselstack.com/opinion/massey-v-state-gactapp-1997.

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