Lockhart v. State

ELDRIDGE, Judge.

Appellant, Stanley L. Lockhart, pled guilty but mentally re tarded to burglary and rape on June 12, 1995.. He was sentenced in the Sumter County Superior Court to ten years imprisonment (five to serve) on the burglary charge, and ten years (two to serve) on the rape charge, to be served consecutively. Subsequent to the sentencing, the Georgia Attorney General’s office notified the Sumter County District Attorney’s office that appellant’s sentence was void, as appellant should have been sentenced under the provisions of OCGA § 17-10-6.1, which requires a mandatory ten year…