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The Statev.Dennis Mark Langley

CourtCourt of Appeals of Georgia
Docket No.A20A1806
DecidedFebruary 8, 2021
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal LawSentencingStatutory InterpretationVacaturRemand
Case Summary

Dennis Langley pleaded guilty to possessing firearms as a convicted felon after a probation search found firearms in his home. The trial court imposed ten years, with six months in prison and the balance on probation. The State appealed, arguing that the firearm statute required the entire term to be served in prison. The Court of Appeals agreed. It held that the statute’s use of mandatory language controlled over the general sentencing statute and left the trial court no discretion to probate any portion of the required imprisonment term. Because the sentence directly conflicted with the statute, it was void. The court vacated the sentence and remanded with direction for resentencing.

Opinion

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The State V. Dennis Mark Langley — The Atlanta Gleaner