Gillen v. State

Because I cannot agree that the General Assembly did not intend to accomplish any change in the law when it amended OCGA § 17-10-1 (a) in 2004 and 2006, I must respectfully dissent.

Before the 2004 amendment, sentences imposed pursuant to OCGA § 17-10-1 (a) were required to conform to any mandatory minimum sentences required by law. The 2004 amendment, however, removed from OCGA § 17-10-1 (a) (1) the requirement that sentences imposed must be “in conformity with any mandatory minimum sentences required by law. . . .” (Emphasis supplied.)

Following the amendment, OCGA § 17-10-1 (a) (1) read

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