Gearin v. State

Blackburn, Presiding Judge.

This is the second appearance of this case before this Court. In its first appearance, Timothy Steven Gearin, following his guilty plea1 and conviction for cruelty to children in the first degree and enhanced sentencing under OCGA § 17-10-17, challenged the constitutionality of OCGA § 17-10-17 and the propriety of the enhanced sentence he received pursuant to that statute. Gearin v. State (“Gearin I”).2 Because “our Supreme Court has exclusive jurisdiction over all cases in which the constitutionality of a law, ordinance, or constitutional provision has been called…