Grogan v. State

O.C.G.A. § 16-5-23.1 f 2 authorized the trial court to rely on the defendant's prior conviction for family violence battery to enhance his sentence on his present conviction for family violence battery.

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A Hall County jury found Anthony L. Grogan guilty of family violence battery,1 for which he was sentenced to a term of five years, with three years to serve in confinement, based on a recidivism provision in the battery statute addressing family violence.2 Grogan appeals, contending that the trial court erroneously enhanced his family violence battery sentence from a misdemeanor to a felony based on a previous conviction of family violence battery. Specifically, Grogan argues that the previous conviction arising from a guilty plea was based on a defective indictment that omitted an essential element of family violence battery and was not, therefore, a prior family violence battery conviction for sentence enhancement purposes, but rather merely a conviction for simple battery. For the reasons that follow, we affirm. The undisputed record shows that in May 2005, Grogan was indicted for aggravated assault, family violence battery, and obstruction of an emergency call. Grogan subsequently agreed to a negotiated plea of guilty to one count of simple assault and one count of family violence battery with the obstruction call nolle prossed. Grogan was sentenced for misdemeanors on both counts.

In August 2005, Grogan was indicted for false imprisonment and family violence battery, and, following his not guilty plea, a jury found Grogan guilty in 2008 as to the family violence battery count. Prior to sentencing, the State submitted a letter regarding sentencing, arguing that, in light of Grogan’s prior guilty plea to family violence battery, Grogan should be sentenced under OCGA §f 2, which provides that a second offense of family violence battery is considered a felony offense.

Grogan v. State

O.C.G.A. § 16-5-23.1 f 2 authorized the trial court to rely on the defendant's prior conviction for family violence battery to enhance his sentence on his present conviction for family violence battery.

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