Adonis Massengillev.The State
CourtCourt of Appeals of Georgia
Docket No.A20A2077
DecidedJanuary 8, 2021
Reporter356 Ga. App. 729
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal LawCriminal ProcedureSentencingStatutory InterpretationVacaturRemand
Case Summary
Adonis Massengille was convicted after a stipulated bench trial of fleeing or attempting to elude, failing to stop at a stop sign, and reckless driving. The Georgia Court of Appeals affirmed the convictions but vacated the sentence. The court held that the trial court misapplied Georgia’s statutory limits on suspending, probating, deferring, or withholding the fine imposed for fleeing or attempting to elude. The statute required a sentence consistent with its specific terms, and the trial court’s concern about enforcement did not justify an inconsistent sentence because Georgia law supplied enforcement mechanisms. The case was remanded for resentencing.
Opinion
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