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Cody Reganv.The State

CourtCourt of Appeals of Georgia
Docket No.A21A0883
DecidedSeptember 16, 2021
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureConstitutional LawDue ProcessSentencingVacaturRemand
Case Summary

Cody Regan pleaded guilty to child molestation and received a first-offender sentence of 20 years, with one year to serve. After the Supreme Court of Georgia transferred his appeal because no constitutional issue had been ruled on, Regan argued that the trial court should have addressed his constitutional challenge to the sentencing statute. The Court of Appeals of Georgia held that the challenge was timely because a sentencing statute may become ripe only after conviction and before sentencing. The trial court had therefore erred by failing to rule on the claim. The appellate court vacated the sentence and remanded for the trial court to address Regan’s constitutional arguments.

Opinion

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Cody Regan V. The State — The Atlanta Gleaner