Barton v. the State

Miller, Presiding Judge.

This is Paul Barton’s second pro se appeal arising from his 2013 conviction for two counts of sexual battery, including one count against a child under the age of sixteen (OCGA § 16-6-22.1). Barton was sentenced by the trial court to two consecutive five-year terms. Barton now appeals from the denial of his motion to set aside his sentence, contending that the trial court erred when it failed to sentence him to a split sentence, which would have included at least one year of probation, as required by OCGA § 17-10-6.2 (b). We agree fully. Accordingly, we vacate Barton’s…