Yearby v. State

McMurray, Presiding Judge.

Defendant Year by appeals his conviction of forgery in the first degree and of being determined as a recidivist in three counts. Held:

1. Defendant’s first enumeration of error contends that OCGA § 17-10-7 (b) is unconstitutional in that it constitutes a legislative usurpation of the executive function, in violation of Art. I, Sec. II, Par. III of the Constitution of Georgia of 1983. However, defendant lacks standing to contest the statute until such time as he claims a right of parole and the statute is asserted against him as a bar. Green v. State, 244 Ga. 755 (262…