The state Court of Appeals for years has been wrong on what to do when state statutes provide for two different punishments for the same criminal conduct, the Georgia Supreme Court said on Monday.
Monday's unanimous decision said the appeals court in several cases had said mistakenly that the "rule of lenity" doesn't apply when both of the crimes at issue are felonies. The Supreme Court said Monday that was a misinterpretation of its prior decisions, including a 2004 ruling in a highprofile sex case against a former prep football star.
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