State v. Stulb

Bernes, Judge.

Several years after William Archer Stulb was convicted of statutory rape, the trial court granted Stulb’s motion to rescind his full sentence under OCGA § 42-8-34 (g) and then resentenced him as a first offender. The State of Georgia appeals, contending that the trial court lacked jurisdiction to rescind Stulb’s original sentence in its entirety and grant him first offender treatment after he had been adjudicated guilty of statutory rape. We agree. Accordingly, we reverse the trial court’s order rescinding Stulb’s original sentence and vacate the subsequently entered first…