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Jones v. State

While O.C.G.A. § 40-6-1 b sets limits on fines that may be imposed as punishment for a first offense of speeding, it does not restrict the available punishment for speeding to a fine.

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Matthew Trent Jones entered a non-negotiated guilty plea to speeding, reckless driving, and passing in a no-passing zone. He appeals his sentence, arguing that the trial court erred by 1 sentencing him to 12 months, to serve 45 days in jail and the balance on probation on the speeding count; 2 imposing a $1,000 fine on the speeding count; and 3 ordering him to complete 400 hours of community service. For reasons that follow, we affirm the judgment of conviction, vacate the sentence, and remand the case for resentencing. “The trial court has the discretion to impose sentence within the parameters prescribed by the statute and if the sentence is within the statutory limits, the appellate courts will not review it.”1 Viewed with this principle in mind, the record shows that Jones was charged with speeding2 Count 1, reckless driving3 Count 2, passing in a no passing zone4 Count 3, passing on a curve5 Count 4, following too closely6 Count 5, and failure to signal a lane change7 Count 6. Jones entered a non-negotiated guilty plea to Counts 1, 2, and 3 in exchange for the State’s agreement to enter a nolle prosequi on Counts 4, 5, and 6. The trial court then sentenced Jones as follows: 12 months on each charge, to run consecutive to each other, with the first 45 days served in jail and the remainder on probation; a $1,000 fine on the speeding charge; and 400 hours of community service. He now appeals certain portions of his sentence.

1. Jones contends that the trial court erred by sentencing him on the speeding charge to 12 months, to serve 45 days in jail and the balance on probation, arguing that the speeding statute does not authorize a sentence of imprisonment or probation. This contention is without merit.

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