X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Upon being tried before a jury, appellant Todd Christopher McNair was charged and convicted of identity fraud OCGA § 16-9-1211 for the theft and use of the victim’s credit card. Prior to being sentenced, appellant argued that the rule of lenity should be applied such that he would be sentenced for committing financial transaction card theft OCGA §16-9-31,2 a crime for which he was not charged or convicted, but which has a lesser penalty than identity fraud.3 The trial court rejected this argument and sentenced appellant as a recidivist to 10 years five years to serve for identity fraud. The Court of Appeals affirmed the trial court’s decision in an unpublished opinion by relying on Rollf v. State, 314 Ga. App. 596 2 a 724 SE2d 881 2012, among other similar cases, to conclude the rule of lenity did not apply because both crimes were felonies and, consequently, the Court of Appeals did not reach the merits. We granted appellant’s petition for a writ of certiorari and posed the following question to the parties: “Whether the Court of Appeals erred in holding that the rule of lenity does not apply when the statutory violations at issue are both classified as felonies, even though the offenses carry different punishments.” Because we answer the question in the affirmative, the Court of Appeals’ decision is reversed and the case is remanded for the Court of Appeals to reach the merits.

We have explained:

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More

Our established bankruptcy practice is seeking an attorney with a commitment to client satisfaction, an enthusiasm for bankruptcy law, and d...


Apply Now ›

McCarter and English s Chambers-ranked Government Contracts group is seeking an experienced, diligent, and proactive government contracts as...


Apply Now ›

McCarter & English, LLP is actively seeking a junior level commercial litigation associate admitted to practice in Connecticut, with a d...


Apply Now ›