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The Statev.Stanford

CourtSupreme Court of Georgia
Docket No.S21G0226
DecidedOctober 19, 2021
Reporter312 Ga. 707
JudgesSupreme Court of Georgia
Tags
CriminalCriminal ProcedureStatutory InterpretationSentencingReversalRemandPlea in Bar
Case Summary

Antwon Stanford pleaded guilty to first-degree burglary and received a 25-year recidivist sentence with the final 20 years suspended. The State argued that the burglary statute prohibited suspending any part of the sentence for an offender with Stanford’s record. The Supreme Court of Georgia agreed and reversed the Court of Appeals. It held that the specific burglary sentencing provision controlled over the general recidivist statute and plainly barred the suspension. The Court remanded to allow the trial court either to resentence Stanford or to strike the suspension while leaving the remainder of the sentence in place.

Opinion

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