Wilder v. State, A17A1727
| Court | United States Court of Appeals (Georgia) |
| Writing for the Court | Ellington, Presiding Judge. |
| Citation | 806 S.E.2d 200,343 Ga.App. 110 |
| Parties | WILDER v. The STATE. |
| Decision Date | 04 October 2017 |
| Docket Number | A17A1727 |
343 Ga.App. 110
806 S.E.2d 200
WILDER
v.
The STATE.
A17A1727
Court of Appeals of Georgia.
October 4, 2017
David Edward Clark, for Appellant.
William P. Doupé, District Attorney, Kevin R. Majeska, Assistant District Attorney, for Appellee.
Ellington, Presiding Judge.
On May 29, 2009, a Lincoln County jury found James Glenn Wilder guilty beyond a reasonable doubt in Case No. 2005–CR–3630 of aggravated child molestation, child molestation, statutory rape, and sexual exploitation of a child (two counts), based on acts he committed in 2003 and 2004. After a series of proceedings, including consideration by the Supreme Court of Georgia, Wilder's convictions were
affirmed.1 In August 2013, the case returned to the trial court for resentencing as directed in Wilder's original direct appeal, Wilder v. State, 304 Ga.App. 891, 895–896 (6), 698 S.E.2d 374 (2010). The trial court sentenced Wilder to thirty years, to serve twenty in prison, for aggravated child molestation; five years for child molestation,2 consecutive; five years for statutory rape,
concurrent; and five years for each count of sexual exploitation of a child, concurrent. The sentences totaled thirty-five years, to serve twenty-five years in prison.
Wilder filed a motion for new trial after the resentencing.3 The trial court conducted a hearing on February 16, 2017. The parties informed the court that they were in agreement that Wilder was entitled to be resentenced with respect to the child molestation conviction, which was Count 2, on the basis that OCGA § 17–10–6.2, which was enacted in 2006, requires a split sentence of at least the statutory minimum sentence of imprisonment for the offense plus at least one year of probation.4 At the time of the hearing, the applicable statutory range for child molestation was not less than five nor more than twenty years imprisonment. OCGA § 16–6–4 (b) (1) (2017) ("[A] person convicted of a first offense of child molestation shall be punished by imprisonment for not less than five nor more than 20 years[.]"). The trial court resentenced Wilder on Count 2 to five years consecutive to Count 1 (aggravated child molestation) plus an additional year on probation, for a total of six years, to serve five, on Count 2. The sentences now total thirty-six years, to serve twenty-five years in prison. Wilder again appeals.
In the current appeal, Wilder contends that, because OCGA § 17–10–6.2 was not enacted until after he committed the offenses in 2003 and 2004, the parties were mistaken in believing that the Code section applies. In this, Wilder is correct.5 It does not necessarily follow, however, that reversal is required.
"Under Georgia law, a sentence is void if the...
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Mays v. State, A18A0434
...accord Spargo v. State , 332 Ga. App. 410, 411, 773 S.E.2d 35 (2015).4 Few , 311 Ga. App. at 608, 716 S.E.2d 644 ; Wilder v. State , 343 Ga. App. 110, 112, 806 S.E.2d 200 (2017).5 Kemp v. Kemp , 337 Ga. App. 627, 632, 788 S.E.2d 517 (2016) ; accord Jenkins v. State , 284 Ga. 642, 645 (2), 6......
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Waffle House, Inc. v. Pavesi, A17A1281
...we would need to address Georgia public policy. "Georgia conflicts of law will not follow a contractual selection of law of a 343 Ga.App. 110foreign state where such chosen law would contravene the public policy of Georgia...." Hulcher Svcs. v. R. J. Corman R. Co., 247 Ga. App. 48......
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Wilder v. Ward, CV 118-157
...first remand in 2011 to a total of thirty-five years, with a mandatory twenty-five years in imprisonment. (Id. at 1.); Wilder v. State, 806 S.E.2d 200, 201 (Ga. Ct. App. 2017). Petitioner appealed his sentence again, and on October 4, 2017, the Georgia Court of Appeals affirmed. Id. at 200-......
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Wilder v. Ward, CV 118-157
...of Appeals' first remand in 2011 to a total of thirty-five years, with a mandatory twenty-five years in imprisonment. Wilder v. State, 806 S.E.2d 200, 201 (Ga. Ct. App. 2017). Petitioner appealed his sentence again, and on October 4, 2017, the Georgia Court of Appeals affirmed. Id. at 200-0......
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Mays v. State, A18A0434
...accord Spargo v. State , 332 Ga. App. 410, 411, 773 S.E.2d 35 (2015).4 Few , 311 Ga. App. at 608, 716 S.E.2d 644 ; Wilder v. State , 343 Ga. App. 110, 112, 806 S.E.2d 200 (2017).5 Kemp v. Kemp , 337 Ga. App. 627, 632, 788 S.E.2d 517 (2016) ; accord Jenkins v. State , 284 Ga. 642, 645 (2), 6......
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Waffle House, Inc. v. Pavesi, A17A1281
...contract, we would need to address Georgia public policy. "Georgia conflicts of law will not follow a contractual selection of law of a 343 Ga.App. 110foreign state where such chosen law would contravene the public policy of Georgia...." Hulcher Svcs. v. R. J. Corman R. Co., 247 Ga. App. 48......
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Wilder v. Ward, CV 118-157
...first remand in 2011 to a total of thirty-five years, with a mandatory twenty-five years in imprisonment. (Id. at 1.); Wilder v. State, 806 S.E.2d 200, 201 (Ga. Ct. App. 2017). Petitioner appealed his sentence again, and on October 4, 2017, the Georgia Court of Appeals affirmed. Id. at 200-......
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Wilder v. Ward, CV 118-157
...of Appeals' first remand in 2011 to a total of thirty-five years, with a mandatory twenty-five years in imprisonment. Wilder v. State, 806 S.E.2d 200, 201 (Ga. Ct. App. 2017). Petitioner appealed his sentence again, and on October 4, 2017, the Georgia Court of Appeals affirmed. Id. at 200-0......