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David Allen Hardinv.The State

CourtCourt of Appeals of Georgia
Docket No.A17A1558
DecidedJanuary 30, 2018
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal LawCriminal ProcedureSentencingStatutory InterpretationPost-Conviction ReliefVacaturRemandSex CrimesTales From the Crypt
Case Summary

David Hardin and Shawn Meintz were convicted in separate but consolidated appeals arising from sexual offenses against a child. They challenged their convictions and sentences, including claims of ineffective assistance of counsel. The Georgia Court of Appeals affirmed the convictions, holding that Meintz had not shown prejudice from counsel’s failure to call witnesses whose proposed testimony was never proffered. The court nevertheless held that multiple sentences were void because the governing Georgia statute required mandatory imprisonment plus a probationary component for the covered sexual offenses, and later amendments could not be applied retroactively to reduce the punishment required when the crimes were committed. The court further corrected unchallenged illegal sentences because an unlawful sentence cannot be waived. It vacated the affected sentences for Hardin and Meintz and remanded both cases for resentencing consistent with the statute and controlling precedent, while leaving the convictions affirmed.

Opinion

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