Cody Reganv.The State
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.
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