MITCHELL v. the STATE.

Ellington, Presiding Judge.

*116 Derrick Mitchell entered a non-negotiated guilty plea to one count of family violence battery, OCGA § 16-5-23.1 (f) (2), in the Superior Court of Coweta County. Because Mitchell had a prior conviction for family violence battery, the court imposed a felony sentence of five years, two to serve in prison and the balance on probation. Mitchell appeals his sentence, contending that the court should have applied the rule of lenity and sentenced him for a misdemeanor.

The record shows that, at about 3:00 a.m. on October 20, 2015, Mitchell went to his former girlfriend's…