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Lawskills.com Georgia Caselaw
JOHNSON v. THE STATE.
A97A0860.
POPE, Presiding Judge.
Judgment affirmed. Blackburn, J., and Senior Appellate Judge Harold R. Banke concur.
Armed robbery. Bibb Superior Court. Before Judge Johnson.
Defendant Howard Johnson appeals his sentence of life without parole under OCGA 17-10-7 (b) (2), arguing that the application of this Code section in his case violates the prohibition against ex post facto application of statutes. The offense for which he is being sentenced occurred after the effective date of this Code section, however. Accordingly, ex post facto considerations do not prohibit application of OCGA 17-10-7 (b) (2), and we affirm defendant's sentence.
In 1986, defendant was convicted of armed robbery (seven counts). Effective January 1, 1995, OCGA 17-10-7, a recidivist statute, was amended to provide that anyone convicted of a serious violent felony who has previously been convicted of a serious violent felony must be sentenced to life without parole if he is not sentenced to death. In October 1995, the court found defendant guilty of committing an armed robbery on April 11, 1995, and sentenced him to life without parole.
Charles H. Weston, District Attorney, Laura D. Hogue, Graham A. Thorpe, Assistant District Attorneys, for appellee.
Randolph E. Wynn, for appellant.
DECIDED NOVEMBER 17, 1997.
Thursday May 21 05:13 EDT


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