Cottingham v. State

Smith, Judge.

This is the second appearance of this case. See Cottingham v. State, 206 Ga. App. 197 (424 SE2d 794) (1992) (“Cottingham I”). In its first appearance, we held that “a trial court’s use of a mechanical sentencing formula or policy as to any portion of a sentence amounts to a refusal to exercise its discretion and therefore is an abdication of judicial responsibility.” Cottingham I, supra at 199 (3). Finding that such a policy tainted Cottingham’s original sentencing in one respect, we remanded the case for a new determination of whether the 60-year sentence imposed in this case is…