Gearin v. State

Blackburn, Presiding Judge.

Following a plea of guilty to cruelty to children in the first degree, for which he was sentenced to twenty years with two years to serve, Timothy Steven Gearin appeals, arguing that: (1) he was improperly sentenced as a recidivist; (2) trial counsel rendered ineffective assistance by failing to object to the sentence; (3) OCGA § 17-10-17 is unconstitutional; and (4) his due process rights were violated because he did not receive the sentence he negotiated for in his plea bargain agreement. For the reasons that follow, we affirm.

The record shows that on May 20,…