Geng v. State

As the majority opinion essentially rewrites the statute involved in a manner designed to render it unconstitutional, I respectfully dissent.

“It is a fundamental principle of statutory construction that if possible a statute will be construed in such a way as to find it constitutional.” Garner v. Harrison, 260 Ga. 866, 869 (2) (400 SE2d 925) (1991). In this case, however, the majority opinion ignores the specific language of the statute, and apparently does so solely to reach the conclusion that the statute is unconstitutional.

The essential flaw in the majority opinion is its failure to…