Hwang v. State
Court of Appeals of Georgia
1Opinion of the Court
Miller, Judge.
After Anitrea Hwang pled guilty to driving with a suspended license, in violation of OCGA § 40-5-121, the trial court sentenced her to twelve months confinement, with ten days to be served in jail and the remainder on probation. Hwang now appeals, asserting that the trial court erred in holding that the ten-day jail sentence was statutorily mandated and that it had no authority to probate or suspend that part of Hwang’s sentence. We agree and therefore vacate Hwang’s sentence and remand the case for resentencing.
“This appeal presents a question of law, which we review de novo.…
2Cases cited4 opinions
- Knight v. StateSupreme Court of Georgia · 1979
- Burdett v. StateCourt of Appeals of Georgia · 2007
- Blevins v. StateCourt of Appeals of Georgia · 2004
- Smith v. StateCourt of Appeals of Georgia · 2006
3Cited by3 opinions
- Langley v. StateSupreme Court of Georgia · 2022
- Strickland v. StateCourt of Appeals of Georgia · 2009
- UPTON v. the STATE.Court of Appeals of Georgia · 2019