Georgia v. Riggs
Annotate this CaseUnder OCGA 17-10-6.2 (b), a defendant convicted of a sexual offense must receive a split sentence: one that includes a mandatory minimum term of imprisonment followed by an additional probated sentence of at least one year. This case presented the more complicated question of how the statute applies when a defendant was convicted of multiple sexual offenses: does the split-sentence requirement apply to each of the multiple sexual offenses of which a defendant is convicted or, as the State argued, only to the aggregate sentence? Considering the plain language of OCGA 17-10-6.2 (b) in the context of the “well-established” principle that each count receives a discrete sentence, the Georgia Supreme Court concluded that the statute required a split sentence on each sexual offense. Because the Court of Appeals correctly vacated those sentences that failed to meet this requirement, the Supreme Court affirmed.
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