Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Paleveda v. State

The defendant's challenge to the constitutionality of certain statutes was not preserved for appellate review because it was not raised and ruled upon below.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Following a hearing, Anthony Paleveda entered a plea of guilty pursuant to North Carolina v. Alford 1 to enticing a child for indecent purposes2 Count 2 and a non-negotiated guilty plea to two counts of child molestation3 Counts 3 and 4.4 Pursuant to OCGA § 17-10-6.2,5 Paleveda was sentenced to fifteen years, to serve ten in confinement and the balance on probation, on each of Counts 2, 3, and 4, with the sentences to be served concurrently. Paleveda appeals, challenging the constitutionality of OCGA § § 16-6-5 and 17-10-6.2. Careful review of the record and of the transcript of the guilty plea hearing in this case reveals, however, that constitutional objections to these Code sections were not raised at any time prior to this appeal nor were they ruled upon by the trial court. “It is well settled that such questions must be raised at the first opportunity and cannot be raised for the first time in this Court.”6 Accordingly, because this claim was not raised and ruled upon in the trial court, it has not been preserved for appellate review.7 Judgment affirmed. Smith, P.J., and Dillard, J., concur .

1400 U. S. 25 91 SC 160, 27 LE2d 162 1970.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2024
June 20, 2024
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
Pennsylvania Legal Awards 2024
May 15, 2024
Philadelphia, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.


Learn More
Consulting Leaders in Technology 2024
May 16, 2024
Dallas, TX

Consulting Magazine recognizes leaders in technology across three categories Leadership, Client Service and Innovation.


Learn More
Go to Events Go to Webcasts
EMPLOYEE BENEFITS ASSOCIATE

We are seeking an associate to join our Employee Benefits practice. Candidates should have three to six years of employee benefits experienc...


Apply Now ›
Associate Attorney

Associate attorney position at NJ Immigration Law firm: Leschak & Associates, LLC, based in Freehold, NJ, is looking for a full time ass...


Apply Now ›
Attorney

Seeking a compassionate and experienced estate administration attorney for growing boutique estate planning and elder law practice. Huge eq...


Apply Now ›
Go to Lawjobs
Clifford Law Offices, PC
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements