State v. Patillo

Hunt, Justice.

We granted this interlocutory appeal to determine whether the trial court was correct in ruling that in a trial on the issue of the defendant’s mental retardation pursuant to Fleming v. Zant, 259 Ga. 687 (386 SE2d 339) (1989), the consequences of the jury’s finding on the retardation issue should not be disclosed to the jury.

In 1988, we affirmed Patillo’s conviction and death penalty. Patillo v. State, 258 Ga. 255 (368 SE2d 493) (1988). On July 1, 1988, OCGA § 17-7-131 (j), providing that a defendant found guilty but mentally retarded may not be sentenced to death, became…