Velasquez v. State

SMITH, Presiding Judge.

Chirinos Ismael Velasquez was charged by accusation with one count of forgery in the second degree and one count of driving without a license. He was found guilty of both offenses after a bench trial. Although forgery in the second degree is a felony, the trial court imposed a misdemeanor sentence for both offenses. Velasquez appealed the judgment of conviction and sentence to the Georgia Supreme Court. The Supreme Court transferred the appeal to this court on the basis that no constitutional issue was raised or ruled on below.

Velasquez contends that the “rule of…