Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Burns v. State

On remand from the Supreme Court, the Court of Appeals vacated defendant's sentence and remanded with direction that the trial court consider defendant for first offender treatment, since he was convicted of a serious violent felony before O.C.G.A. § 17-10-6.1 was amended to bar that treatment.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

This case is again before this Court because, after granting certiorari, the Supreme Court of Georgia by order of November 19, 1999, remanded the case for application of its later decision in Fleming v. State, 271 Ga. 587 __SE2d__. In Fleming, the Supreme Court held that prior to the 1998 amendments to OCGA § 17-10-6.1 and the First Offender Act, OCGA § 42-8-60 et seq., a defendant found guilty of a serious violent felony under OCGA § 17-10-6.1 was not barred from requesting and obtaining first offender treatment. Id. Accordingly, upon application of such holding, Division 2 of the prior judgment of this Court in the case sub judice1 is vacated as to sentence, and the judgment of the superior court as to sentence is vacated. The case is remanded with direction that the superior court consider defendant’s first offender petition and resentence him thereunder, if appropriate, see, e.g., Stinnett v. State, 214 Ga. App. 224 447 SE2d 165 first offender treatment discretionary in trial court, or resentence him to the mandatory minimum sentence as convicted of a serious violent felony under OCGA § 17-10-6.1.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

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

LEARN MORE

More From ALM

Premium Subscription
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
Team Accounts
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
Bundle Subscriptions
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
Go to CLE Center
Southeastern Legal Awards 2025
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
Complex Claims & Litigation Forum 2025
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
Legalweek Leaders in Tech Law Awards 2025
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
Go to Events Go to Webcasts
(IN-HOUSE) SENIOR EMPLOYMENT/BENEFITS COUNSEL FOR GLOBAL COMPANY (Atlanta, GA)

Our client, a well-regarded privately owned company with North American Headquarters in Atlanta, has asked The Partners Group to identify an...


Apply Now ›
Injury Lawyer (Preparing Fall Down Cases)

Position requires Personal Injury Experience.


Apply Now ›
(REMOTE) Prominent L&E Law Firm Seeking Employment Special Counsel (California-Based)

Our client, one of the country s preeminent labor and employment law firms, is seeking an Employment Counsel with 7+ years of experience. Th...


Apply Now ›
Go to Lawjobs