Planas v. State

O.C.G.A. § 17-10-6.2 a 4 provides that a defendant, who commits statutory rape, is excluded from first offender consideration only if the defendant was 21 years of age or older and the defendant here was 18 years old when he committed the charged offense and 19 years old when convicted.

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Joseph Planas pled guilty to the offense of statutory rape. He appeals the trial court’s ruling that he was not legally eligible for first offender treatment and that he must register as a sex offender. Because the trial court erroneously believed that the law did not permit Planas to be sentenced as a first offender, we vacate the sentence and remand for resentencing. Planas was indicted on one count of statutory rape OCGA § 16-6-31 based upon a sexual encounter that occurred on or about April 1, 2007 when Planas was 18 years old and the minor female victim was 13 years old. On February 4, 2008, Planas entered a guilty plea to the charged offense, admitting that he had engaged in sexual intercourse with the victim, who was one of his sister’s friends, on one occasion when the victim was visiting his home. At the sentencing hearing, Planas requested that he receive first offender treatment and argued that he should not have to register as a sex offender. The trial court concluded that Planas was not legally eligible for first offender treatment; required him to register as a sex offender; sentenced him to 10 years to be served on probation, with the special condition of serving 180 to 360 days in a probation detention center; and imposed sex offender conditions of probation. This appeal ensued.

1. Planas contends that the trial court erred in ruling that he was not legally eligible for first offender consideration. The trial court declined to sentence Planas as a first offender based upon the court’s conclusion that the crime of statutory rape as alleged and admitted in this case was a “sexual offense” under OCGA § 17-10-6.2 a 4 that was ineligible for first offender consideration under OCGA § 42-8-60 d 2. We agree with Planas that the trial court’s interpretation of these provisions was erroneous.

Planas v. State

O.C.G.A. § 17-10-6.2 a 4 provides that a defendant, who commits statutory rape, is excluded from first offender consideration only if the defendant was 21 years of age or older and the defendant here was 18 years old when he committed the charged offense and 19 years old when convicted.

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