Jones v. State, 431 S.E.2d 136 (Ga. Ct. App. 1993). · Go Syfert
Search
Jones v. State, 431 S.E.2d 136 (Ga. Ct. App. 1993). Cases Citing This Book View Copy Cite
50 citation events (20 in the last 25 years) across 1 distinct court.
Strongest positive: Graydon v. State (gactapp, 2012-01-13)
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 11 distinct citers.
discussed Cited as authority (rule) Graydon v. State
Ga. Ct. App. · 2012 · confidence medium
See, e.g., Wnek v. State, 262 Ga. App. at 735 (Trial court failed to exercise its discretion where it had a policy of not granting a request for first offender treatment to a defendant who goes to trial and is found guilty by a jury.); Wilcox v. State, 257 Ga. App. 519, 520-521 ( 571 SE2d 512 ) (2002) (Trial court failed to exercise its discretion where it had a per se rule of refusing to permit first offender treatment in armed robbery cases.); Jones v. State, 208 Ga. App. 472, 473 ( 431 SE2d 136 ) (1993) (Trial court failed to exercise its discretion where it had a policy of never granting a…
discussed Cited as authority (rule) Wilcox v. State
Ga. Ct. App. · 2002 · confidence medium
We have stated that “[a] trial court’s use of a mechanical sentencing formula or policy as to any portion of a sentence amounts to a refusal to exercise its discretion and therefore is an abdication of judicial responsibility.” (Citation and punctuation omitted.) Jones v. State, 208 Ga. App. 472, 473 ( 431 SE2d 136 ) (1993).
discussed Cited as authority (rule) Horton v. State
Ga. Ct. App. · 2001 · confidence medium
However, the trial court suspended the five-year sentence. 4 See id. at 605 (1). 5 See Parker v. State, 229 Ga. App. 217, 218 (2) ( 493 SE2d 558 ) (1997). 6 Horton, supra at 606 (3). 7 See Agan v. State of Ga., 272 Ga. 540, 542 (1) ( 533 SE2d 60 ) (2000). 8 See King v. State, 273 Ga. 258, 262 (8) ( 539 SE2d 783 ) (2000). 9 See OCGA § 16-8-41 (b). 10 Burgos v. State, 233 Ga. App. 897, 902 (3), n. 2 ( 505 SE2d 543 ) (1998). 11 (Punctuation omitted.) Jones v. State, 208 Ga. App. 472, 473 ( 431 SE2d 136 ) (1993). 12 See Stinnett v. State, 214 Ga. App. 224 ( 447 SE2d 165 ) (1994). 13 See Jones, su…
discussed Cited as authority (rule) Threlkeld v. State
Ga. Ct. App. · 2001 · confidence medium
In the Matter of Threlkeld, 273 Ga. 331 ( 539 SE2d 823 ) (2001). 2 Simpson v. State, 238 Ga. App. 109, 112 (2) ( 517 SE2d 830 ) (1999). 3 Howard v. State, 233 Ga. App. 724, 729-730 (7) ( 505 SE2d 768 ) (1998). 4 Aikens v. State, 241 Ga. App. 816, 817 ( 527 SE2d 916 ) (2000). 5 Holt v. State, 205 Ga. App. 40, 42 (3) ( 421 SE2d 131 ) (1992). 6 White v. Kelso, 261 Ga. 32, 33 ( 401 SE2d 733 ) (1991). 7 Moore v. State, 236 Ga. App. 889, 890 ( 514 SE2d 73 ) (1999). 8 Jones v. State, 208 Ga. App. 472, 473 ( 431 SE2d 136 ) (1993).
cited Cited as authority (rule) Jackson v. State
Ga. Ct. App. · 2000 · confidence medium
See, e.g., id. at 198-199 (3); Jones v. State, 208 Ga. App. 472, 473 ( 431 SE2d 136 ) (1993).
discussed Cited as authority (rule) Wilson v. State Farm Mutual Automobile Insurance (2×) also: Cited "see"
Ga. Ct. App. · 1999 · confidence medium
See generally Flanagan v. State, 218 Ga. App. 598, 600-601 ( 462 SE2d 469 ) (1995); Jones v. State, 208 Ga. App. 472, 473 ( 431 SE2d 136 ) (1993); Cotting-ham v. State, 206 Ga. App. 197,199 (3) ( 424 SE2d 794 ) (1992).
discussed Cited "see" Vanegas v. State (2×)
Ga. Ct. App. · 2001 · signal: see · confidence high
See Jones v. State, 208 Ga. App. 472, 473 ( 431 SE2d 136 ) (1993), citing Cottingham v. State, 206 Ga. App. 197, 199 (3) ( 424 SE2d 794 ) (1992) (mechanical sentencing an abdication of judicial responsibility for refusal to exercise discretionary sentencing authority).
discussed Cited "see" Camaron v. State (2×)
Ga. Ct. App. · 2000 · signal: see · confidence high
See Jones v. State, 208 Ga. App. 472, 473 ( 431 SE2d 136 ) (1993).
discussed Cited "see" Williams v. State (2×)
Ga. Ct. App. · 1996 · signal: see · confidence high
See Jones v. State, 208 Ga. App. 472, 473 ( 431 SE2d 136 ).
discussed Cited "see, e.g." Tolliver v. State (2×)
Ga. Ct. App. · 2000 · signal: see also · confidence low
J, and McMurray, P. J, concur. 1 (Citations, punctuation and emphasis omitted.) Gray v. State, 213 Ga. App. 507, 509 (1) ( 445 SE2d 328 ) (1994). 2 OCGA §§ 16-5-20; 16-5-21. 3 Shy v. State, 234 Ga. 816, 821 ( 218 SE2d 599 ) (1975). 4 Hodges v. State, 265 Ga. 870, 872 (2) ( 463 SE2d 16 ) (1995). 5 Thompson v. State, 234 Ga. App. 74, 76 (1) (a) ( 506 SE2d 201 ) (1998). 6 (Citations and punctuation omitted.) Mason v. State, 177 Ga. App. 184, 185 (1) ( 338 SE2d 706 ) (1985); see also Shy, supra at 819-820 . 7 Compare Jones v. State, 208 Ga. App. 472 ( 431 SE2d 136 ) (1993) (error found in court�…
discussed Cited "see, e.g." Walton v. State (2×)
Ga. Ct. App. · 1995 · signal: see also · confidence low
See also Jones v. State, 208 Ga. App. 472 ( 431 SE2d 136 ) (1993).
Jones
v.
the State
A93A0328.
Court of Appeals of Georgia.
Apr 13, 1993.
431 S.E.2d 136
Bruce S. Harvey, Pete C. Whitlock, for appellant., Johnnie L. Caldwell, Jr., District Attorney, Sharon J. Law, Randall K. Coggin, Assistant District Attorneys, for appellee.
Johnson, Blackburn, Sognier.
Cited by 21 opinions  |  Published
Johnson, Judge.

Billie Jones pled guilty to violation of the Georgia Controlled Substances Act (sale of Alprazolam). At the sentencing hearing, defense counsel requested that the court grant first offender treatment for Jones. The trial judge denied the request, stating: “I have never granted a first offender. I take the position that once you get to the Superior Court, this is a big folks’ court, and I don’t use the first offender treatment. Never have, never intend to.” The court then sentenced Jones to a term of five years probation. Jones appeals from the sentence, arguing that the judge refused to consider first offender[*473] treatment pursuant to a mechanical sentencing policy. We agree.

Decided April 13, 1993. Bruce S. Harvey, Pete C. Whitlock, for appellant. Johnnie L. Caldwell, Jr., District Attorney, Sharon J. Law, Randall K. Coggin, Assistant District Attorneys, for appellee.

In Cottingham v. State, 206 Ga. App. 197, 199 (3) (424 SE2d 794) (1992) we held: “[A] trial court’s use of a mechanical sentencing formula or policy as to any portion of a sentence amounts to a refusal to exercise its discretion and therefore is an abdication of judicial responsibility.” The record reveals that the trial court would not concede that it had a policy with respect to first offender treatment. However, it is clear from the plain language used by the court that it did have a mechanical sentencing policy of never granting first offender status to defendants appearing in superior court. The legislature has specifically provided first offender treatment as a sentencing option in felony cases to be applied at the trial court’s discretion. OCGA § 42-8-60; Todd v. State, 172 Ga. App. 231 (323 SE2d 6) (1984). The trial court’s refusal to consider that option constitutes a refusal to exercise that discretion. The judgment of sentence is vacated, and the case remanded for resentencing with direction that the new sentence not exceed the sentence previously imposed, and the request for first offender status be heard and considered on its merits.

Sentence vacated and case remanded with direction.

Blackburn, J., and Senior Appellate Judge John W. Sognier concur.