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Taylor v. State

The trial court could not sentence defendant as a first offender on his armed robbery conviction since its discretion was limited by the mandatory minimum sentencing requirements of O.C.G.A. § 17-10-6.1.

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As part of a negotiated plea, Michael J. Taylor pled guilty to the May 18, 1998 armed robbery of a pizza restaurant. Taylor appeals the trial court’s ruling that it lacked discretion to sentence Taylor under OCGA § 17-10-1 b, which would allow the parole board to consider him for parole prior to the completion of his ten-year sentence. Because we find that the mandatory minimum sentence requirements applicable to serious violent felonies as set forth in OCGA § 17-10-6.1 are not altered by or in conflict with OCGA § 17-10-1 b, we affirm.

Prior to sentencing, Taylor’s counsel filed a sentencing memorandum, requesting that the trial judge sentence Taylor under OCGA § 17-10-1 b and authorize the State Board of Pardons and Paroles to consider parole for Taylor prior to the completion of any minimum sentencing requirement otherwise imposed by law. The judge accepted the negotiated plea, but ruled that she had no discretion to impose a sentence under OCGA § 17-10-1 b because of the mandatory minimum sentence requirements set forth in OCGA § 17-10-6.1.

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