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GROGAN v. STATE

No. A08A1825.

676 S.E.2d 764 (2009)

GROGAN v. The STATE.

Court of Appeals of Georgia.

Reconsideration Denied April 1, 2009.

Attorney(s) appearing for the Case

Larry L. Duttweiler, Lawrenceville, James C. Bonner, Jr., Athens, for appellant.

Lee Darragh, Dist. Atty., Lindsay H. Burton, Asst. Dist. Atty., for appellee.

DOYLE, Judge.

A Hall County jury found Anthony L. Grogan guilty of family violence battery,1 for which he was sentenced to a term of five years, with three years to serve in confinement, based on a recidivism provision in the battery statute addressing family violence.2 Grogan appeals, contending that the trial court erroneously enhanced his family violence battery sentence from a misdemeanor to a felony based...

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