Knight v. State

Johnson, Judge.

Gus Knight was convicted of selling cocaine. The trial judge sentenced Knight to the maximum term of 30 years imprisonment as authorized by OCGA § 16-13-30 (d). Knight appeals, arguing that the judge failed to exercise his discretion to probate part of the sentence and failed to give Knight an opportunity to present mitigating evidence as to why part of the sentence should be probated. These arguments are not supported by the record.

The trial transcript shows that after the jury returned its guilty verdict, the judge said he would hear any evidence in mitigation or aggravation…