Cook v. State

Barnes, Judge.

Following a jury trial, Mark Cook was convicted of simple battery, OCGA § 16-5-23, and sentenced to 12 months probation and a $200 fine. He now appeals. Cook does not challenge the sufficiency of the evidence, but instead contends that the trial court erred by refusing to consider his request for first offender status. He also asserts that the trial court imposed an unenforceable condition of probation. For the reasons that follow, we vacate and remand for resentencing.

1. Cook argues that the trial court failed to exercise its discretion by refusing to consider sentencing him as…