Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Garibay v. The State

Record on Appeal Did Not Support Defendant's Claim He Was Wrongfully Sentenced Under Two Different Statute Subsections

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

McFadden, Presiding Judge. After a jury trial, Steven Garibay was convicted of the crime of failing to register as a sex offender. The trial court sentenced Garibay to serve five years in confinement and twenty-five years on probation. After the trial court denied Garibay’s motion for new trial, he filed this appeal. Garibay’s sole argument on appeal is that the trial court erred by sentencing him as a recidivist under OCGA § 17107 (a) and (c) because both subsections cannot be applied to the same case and the subsections should not be read together. He acknowledges that we have held that a trial court may apply both subsections, see, e.g., Riley v. State, 356 Ga. App. 606, 615616 (5) (848 SE2d 474) (2020), but he urges us to overrule those cases. (He also acknowledges that our Supreme Court has held that “[a]ll of [the] subsections of OCGA § 17-10-7 must be read together.” Blackwell v. State, 302 Ga. 820, 830 (4) (809 SE2d 727) (2018). We, of course, lack authority to overrule our Supreme Court.) The problem with Garibay’s argument is that he was not sentenced under both subsections. The judgment of conviction shows that the trial court sentenced Garibay as a recidivist only under OCGA § 17-10-7 (c): So Garibay has not shown reversible error and we affirm. Judgment affirmed.  Rickman, C. J. , and Senior Appellate Judge Herbert E. Phipps concur.

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
Senior In-House Contracts Administrator

A large and well-established Tampa company is seeking a contracts administrator to support the company's in-house attorney and manage a wide...


Apply Now ›
COMMERCIAL FINANCE ATTORNEY - STAMFORD, HARTFORD OR NEW HAVEN OFFICES

We are seeking an attorney to join our commercial finance practice in either our Stamford, Hartford or New Haven offices. Candidates should ...


Apply Now ›
CORPORATE ATTORNEY (8+ Years) - REMOTE, CT

We are seeking an attorney to join our corporate and transactional practice. Candidates should have a minimum of 8 years of general corporat...


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