Fleming v. State

I concur in Divisions 1 and 2 of the majority opinion but respectfully dissent from Division 3. The law in force when Fleming was tried and sentenced permitted the trial court to consider First Offender application.

Penal statutes must be construed strictly against the government. Bankston v. State, 258 Ga. 188, 190 (367 SE2d 36) (1988). Where there is any ambiguity, it is interpreted in favor of the defendant. Id. See Chapman v. State, 266 Ga. 356, 362, n. 17 (467 SE2d 497) (1996). This is a principle founded upon due process and the concept that a citizen has a right to know precisely what…