Mathis v. State

Hines, Justice.

Antonio Lamont Mathis was convicted of armed robbery, hijacking a motor vehicle, and kidnapping. In a pretrial motion and in his amended motion for new trial, Mathis challenged the constitutionality of OCGA § 16-5-44.1 (d), which provides that the offense of hijacking a motor vehicle is to be “considered a separate offense” not to “merge with any other offense” and that punishment for the offense is not to be “deferred, suspended, or probated.” The trial court denied the challenge and Mathis’s motion for new trial as amended. Mathis appeals the denial of his motion to declare…