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MATHIS v. STATE

No. S00A1760.

543 S.E.2d 712 (2001)

273 Ga. 508

MATHIS v. The STATE.

Supreme Court of Georgia.

March 2, 2001.

Attorney(s) appearing for the Case

David L. Whitman, Lawrenceville, for appellant.

Daniel J. Porter, Dist. Atty., David K. Keeton, Asst. Dist. Atty., Thurbert E. Baker, Atty. Gen., for appellee.

HINES, Justice.

Antonio Lamont Mathis was convicted of armed robbery, hijacking a motor vehicle, and kidnapping. In a pretrial motion and in his amended motion for new trial, Mathis challenged the constitutionality of OCGA § 16-5-44.1(d), which provides that the offense of hijacking a motor vehicle is to be "considered a separate offense" not to "merge with any other offense" and that punishment for the offense is not to be "deferred, suspended, or probated....

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