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MERRITT v. STATE

No. S09A1476.

690 S.E.2d 835 (2010)

MERRITT v. The STATE.

Supreme Court of Georgia.

March 15, 2010.

Attorney(s) appearing for the Case

Larry D. Wolfe, Robert A. Susor, Atlanta, for appellant.

Paul L. Howard, Jr., District Attorney, Marc A. Mallon, Bettieanne C. Hart, Asst. Dist. Attys., Thurbert E. Baker, Attorney General, for appellee.

HUNSTEIN, Chief Justice.

Thomas Merritt has been charged with the offenses of rape and false imprisonment based on events alleged to have occurred in February 2008. We granted Merritt's application for interlocutory appeal to address whether the trial court erred by denying his motion to declare unconstitutional OCGA §§ 16-6-1(b) and 17-10-6.1, the sentencing statutes for the crime of rape. Merritt claims the sentencing scheme created by these statutes for...

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