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GEARIN v. STATE

No. A04A0968.

603 S.E.2d 709 (2004)

269 Ga. App. 187

GEARIN v. The STATE.

Court of Appeals of Georgia.

Certiorari Denied November 22, 2004.

Attorney(s) appearing for the Case

Lloyd J. Matthews, McDonough, for Appellant.

Tommy K. Floyd, Dist. Atty., James L. Wright, III, Asst. Dist. Atty., for Appellee.

BLACKBURN, Presiding Judge.

Following a plea of guilty to cruelty to children in the first degree, for which he was sentenced to twenty years with two years to serve, Timothy Steven Gearin appeals, arguing that: (1) he was improperly sentenced as a recidivist; (2) trial counsel rendered ineffective assistance by failing to object to the sentence; (3) OCGA § 17-10-17 is unconstitutional; and (4) his due process rights were violated because he did not receive the...

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