Griffin v. State

Ruffin, Judge.

Mark Griffin appeals the trial court’s denial of his motion to resentence. Griffin contends that the court erred by failing to consider whether to sentence him under the First Offender Act. We disagree and affirm.

In 1996, a jury found Griffin guilty of one count each of rape, battery, and false imprisonment. At Griffin’s sentencing, the prosecutor told the court that OCGA § 17-10-6.1 (b) set forth a mandatory minimum sentence of ten years in prison for the crime of rape, 2 and he recommended that the court sentence Griffin to fifteen years, with ten to serve, on the rape charge.…