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Mack v. State

The defendant's sentence of life imprisonment for armed robbery was not void and was within the statutory range permitted by law, since the application of the recidivist statute to the armed robbery statute makes clear that life imprisonment is the longest period of time prescribed for punishment of armed robbery.

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Steve Mack appeals the denial of his motion to modify his sentence, asserting that the statutes under which he was sentenced were vague and ambiguous. We affirm.

The record shows that Mack pled guilty to armed robbery, and on January 28, 2008, the trial court sentenced Mack to life as a recidivist under OCGA § 17-10-7 a.1 Mack later filed a motion to withdraw his guilty plea, which the trial court denied, and Mack appealed. We affirmed the trial court’s ruling in an unpublished opinion. The remittitur issued on June 22, 2012. On November 16, 2012, Mack filed a motion to modify his sentence, arguing that when read together the sentencing provisions of the armed robbery statute and the recidivist statute are ambiguous and that, in accordance with the rule of lenity, his sentence should be reduced. See Brown v. State, 276 Ga. 606, 608 2 581 SE2d 35 2003 “Where any uncertainty develops as to which penal clause is applicable, the accused is entitled to have the lesser of the two penalties administered.” footnote and punctuation omitted. On November 27, the trial court denied the motion, and Mack thereafter appealed. 2

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