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COTTINGHAM v. STATE

A94A0796.

213 Ga. App. 637 (1994)

445 S.E.2d 384

COTTINGHAM v. THE STATE.

Court of Appeals of Georgia.

Decided June 23, 1994.

Attorney(s) appearing for the Case

Herbert E. Franklin, Jr., for appellant.

Ralph L. Van Pelt, Jr., District Attorney, for appellee.

SMITH, Judge.

This is the second appearance of this case. See Cottingham v. State, 206 Ga.App. 197 (424 S.E.2d 794) (1992) ("Cottingham I"). In its first appearance, we held 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...

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