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BARRACO v. STATE

No. A01A1463.

555 S.E.2d 244 (2001)

252 Ga. App. 25

BARRACO v. The STATE.

Court of Appeals of Georgia.

October 12, 2001.

Attorney(s) appearing for the Case

Gilbert J. Murrah, Bainbridge, for appellant.

Ben Kirbo, Solicitor-General, for appellee.

BLACKBURN, Chief Judge.

In his second appeal before this Court,1 Michael Barraco contends that, during sentencing, the trial court misapplied OCGA § 15-21-73(a)(1), thereby imposing an excessive penalty on him and entering an improper sentence. Because we find that the penalty imposed on Barraco exceeds the penalty cap set forth in OCGA § 15-21-73(a)(1), we reverse.

Following remittitur, Barraco filed a motion for the...

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