Fleming v. State

I concur in the majority’s judgment.

1. “[I]n State v. Allmond, 225 Ga. App. 509 [(484 SE2d 306)] (1997), the Georgia Court of Appeals held, notwithstanding the ‘Sentence Reform Act of 1994’ that the provisions of the First Offender Act would still be available to the sentencing court, which would mean that a person who committed a serious violent felony could be sentenced to less than the minimum mandatory ten-year sentence. . . .

“[C]ontrary to the decision in State v. Allmond, it is the expressed intent of the General Assembly that persons who commit a serious violent felony specified in the…