Garrett v. State

Undercofler, Presiding Justice.

We granted certiorari in this case to consider Divisions 6 and 7 of the Court of Appeals opinion in Garrett v. State, 147 Ga. App. 666 (250 SE2d 1) (1978). Division 6 raises the question whether the husband of a government employee who converted court money can be sentenced under the harsher (1 to 15 years) terms of Code Ann. § 26-1812 (b) for participating in the theft by the government employee or must be sentenced under the more lenient (1 to 10 years) provisions of Code Ann. § 26-1812 (a). Division 7 involves the propriety of using the Garretts’ income tax…