HOGAN v. STATE

No. A12A0048.

730 S.E.2d 178 (2012)

316 Ga. App. 708

HOGAN v. The STATE.

Court of Appeals of Georgia.

July 10, 2012.


Attorney(s) appearing for the Case

Steven Lee Sparger , Savannah, for Hogan.

Larry Chisolm , Christine Sieger Barker , for The State.


McFADDEN, Judge.

Vincent Hogan appeals from his conviction for false swearing, arguing that under the rule of lenity, he should have received a misdemeanor, rather than a felony, sentence. However, because there is no uncertainty as to the punishment that applies to the offense of false swearing, the rule of lenity does not apply and the trial court correctly sentenced Hogan for a felony.

The record shows that in December 2010, Hogan was indicted for one count...

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