Worthy v. State

Blackburn, Presiding Judge.

Ulysses Worthy appeals his convictions, following a jury trial, of armed robbery and possession of a firearm by a convicted felon. Worthy contends that the trial court erred (1) by failing to grant a mistrial after the prosecutor made improper comments during opening statements; (2) by failing to charge on the lesser included offense of robbery; and (3) that the sentencing requirements of OCGA § 17-10-7 are unconstitutional. For the reasons set forth below, we affirm Worthy’s convictions.

1. During the State’s opening statement, the prosecutor said:

[T]hat is what we…