Sutton was convicted in the State Court of Fulton County on a five-count accusation for pimping. He was sentenced, as modified, to three consecutive one-year sentences. The convictions were affirmed on direct appeal. Sutton v. State,
Pimping is a crime of a high and aggravated nature. Code Ann. §§ 26-2013, 26-2015. Ga. L. 1970, pp. 236, 241 (Code Ann. § 27-2506.1), provides punishment for such сrime by a $5,000 fine or confinement by the county or both. It provides also that a person so confined "shall be еntitled to only four days per month good time allowance.” Persons confined for other misdemeanors and fеlonies
The questions are (1) Whether Georgia Laws 1978, p. 985, providing for up to one-half earned time repeals by implication Ga. L. 1970, p. 236, limiting good time to four days per month for misdemeanors of a high and aggravated nаture, and (2) If not, whether Georgia L. 1970, p. 236, is a denial of equal protection of the law.
1. Ga. L. 1970, p. 236 (Code Ann. § 27-2506.1) states in the caption: "An Act to amend Code Titles 26 and 27, relating to criminal law, as amended, so as to provide a means for combating organized crime; to provide a realistic method by which organized crimes may be cоntrolled, contained and reduced; to distinguish certain crimes which are susceptible of intricate organization and which involve the moral tone of the State from other crimes; to characterize such crimes аs 'misdemeanors of a high and aggravated nature’; to define 'misdemeanor of a high and aggravated nature’; tо provide that the judge imposing the sentence shall retain jurisdiction during the term of the sentence to changе or modify the sentence; to provide that any person convicted of a misdemeanor of a high and aggravated nature shall be entitled to only four days per month good time allowance; to provide that рrostitution, pimping, keeping a place of prostitution and pandering shall be characterized as a misdemeanor of a high and aggravated nature; to provide that any person convicted of said offеnses shall be punished as for a misdemeanor of a high and aggravated nature; to define certain types оf organized prostitution and to provide penalties therefor; to provide that all forms of commerсial gambling and related offenses shall be defined and characterized as a misdemeanor of a high and аggravated nature; to provide that the punishment for persons
Ga. L. 1978, p. 985 (Code Ann. §§ 77-320, 77-320.1) does not specifically repeal Ga. L. 1970, p. 236, although it statеs in section 1 that it is comprehensively and exhaustively revising and superseding a number of other laws relating to prisоners. " 'Repeals by implication are not favored by law, and a subsequent statute repeals prior legislative acts by implication only when they are clearly and indubitably contradictory, when they are - in irreconсilable conflict with each other, and when they can not reasonably stand together.’ ” Kilpatrick v. State,
2. We find no merit in appellant’s claim that he has been denied equal protection of the lаw because he is limited to four days earned time each month while certain other prisoners may earn fifteen days each month. In our opinion there is a rational relationship between the purpose of the statute as set out in the caption and the classification prescribing limited earned time for offenders in this specified category. As stated in McGinnis v. Royster,
Judgment affirmed.
Notes
Appellee’s briefs state the earned time is "day for a day” or "one day off the end of the sentence for each day of satisfactory performance and behavior.”