Johnson v. State

Pope, Presiding Judge.

Defendant Howard Johnson appeals his sentence of life without parole under OCGA § 17-10-7 (b) (2), arguing that the application of this Code section in his case violates the prohibition against ex post facto application of statutes. The offense for which he is being sentenced occurred after the effective date of this Code section, however. Accordingly, ex post facto considerations do not prohibit application of OCGA § 17-10-7 (b) (2), and we affirm defendant’s sentence.

In 1986, defendant was convicted of armed robbery (seven counts). Effective January 1, 1995, OCGA §…