Georgia v. Stanford
Annotate this CaseThe State challenged the suspension of part of Antwon Stanford’s recidivist burglary sentence. The trial court and the Court of Appeals concluded that the suspension was authorized by OCGA 17-10-7 (a), part of the general recidivist statute, as interpreted by the Georgia Supreme Court's decision in Goldberg v. Georgia, 651 SE2d 667 (2007). "But Goldberg decided only the right length of recidivist burglary sentences, not whether they can be suspended for offenders like Stanford. OCGA § 16-7-1 (d), part of the burglary statute, plainly says they cannot, and that statute controls this case." Therefore, the Supreme Court reversed the Court of Appeals’ judgment and remanded the case for further proceedings.
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