STATE v. CROSSEN

No. A14A0008.

761 S.E.2d 596 (2014)

328 Ga. App. 198

The STATE v. CROSSEN.

Court of Appeals of Georgia.

July 11, 2014.


Attorney(s) appearing for the Case

Herbert E. Franklin , for Appellant.

McCracken Poston , for Appellee.


BARNES, Presiding Judge.

The State appeals from the trial court's order deviating from the mandatory minimum sentence requirements under OCGA § 17-10-6.2(b), contending that the defendant has the burden of proving that he is eligible for the deviation. The statute provides that a defendant convicted of certain sexual offenses must be sentenced to at least the minimum term of imprisonment applicable to the offense, but allows the trial court to exercise its discretion...

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