Planas v. State

Bernes, Judge.

Joseph Planas pled guilty to the offense of statutory rape. He appeals the trial court’s ruling that he was not legally eligible for first offender treatment and that he must register as a sexual offender. Because the trial court erroneously believed that the law did not permit Planas to be sentenced as a first offender, we vacate the sentence and remand for resentencing.

Planas was indicted on one count of statutory rape (OCGA § 16-6-3) 1 based upon a sexual encounter that occurred on or about April 1, 2007 when Planas was 18 years old and the minor female victim was 13 years…