Washington v. State
311 Ga. App. 518
Ga. Ct. App.2011Background
- Washington was convicted after a bench trial of two counts of aggravated battery, possession of a firearm during the commission of a crime, and possession of a firearm after having previously been convicted of a felony involving use of a firearm.
- At sentencing, the court ruled Washington was ineligible for parole under OCGA § 17-10-7(c) because he had three prior felony convictions.
- Washington argued that one prior felony used to prove firearm possession should not be used to enhance punishment under King v. State.
- King and its progeny apply only when sentencing involves OCGA § 16-11-131 and OCGA § 17-10-7(a); Washington’s case involved OCGA § 16-11-133(b) and OCGA § 17-10-7(c).
- The court concluded there is no evisceration of sentencing range under §16-11-133(b); §17-10-7(c) merely require serving the maximum sentence without parole, and King does not apply.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does King apply to sentencing under §17-10-7(c) when firearm conviction arises under §16-11-133(b)? | Washington contends King bars using the same felony to enhance punishment. | State argues King is inapplicable because the case involves §16-11-133(b) and §17-10-7(c), not §16-11-131 and §17-10-7(a). | King does not apply; sentence under §17-10-7(c) is permissible. |
Key Cases Cited
- King v. State, 169 Ga. App. 444, 313 S.E.2d 144 (1984) (limited rule restricting use of a firearm conviction to enhance punishment)
- Walker v. Hale, 283 Ga. 131, 657 S.E.2d 227 (2008) (restricts King applicability to specific §16-11-131/§17-10-7(a) scenarios)
- State v. Slaughter, 289 Ga. 344, 711 S.E.2d 651 (2011) (reiterates that §17-10-7(a) cannot eviscerate §16-11-131 and clarifies application to §16-11-133(b))