Georgia v. Hudson

In 2015, Timothy Hudson turned 16. Twenty-four days later, he and two accomplices held a man at gunpoint and stole the man’s car, wallet, and cell phone. All three perpetrators were arrested later that day. Hudson was indicted as an adult for hijacking a motor vehicle, armed robbery, aggravated assault, possession of a firearm during commission of a felony, fleeing and attempting to elude, and obstruction of a law enforcement officer. Hudson entered a negotiated plea in the superior court, pleading guilty to the armed robbery, aggravated assault, firearm possession, and obstruction charges. The State nol prossed the hijacking and fleeing counts. The State agreed to a sentence of ten years, five in prison and five on probation, for the armed robbery conviction, which otherwise would have required a minimum prison sentence of ten years with no option of probation or parole. The specific question presented by this case was whether OCGA 49-4A-9 (e) gave a superior court the authority to reduce the original prison sentence imposed on a defendant who was under age 17 when he committed an armed robbery. Because the discretion given to sentencing courts by section 49-4A-9 (e) was limited by the mandatory minimum sentence requirements of OCGA 17-10- 6.1, the Georgia Supreme Court held that the superior court erred in reducing Hudson’s original prison sentence for armed robbery. The Court of Appeals’ judgment was reversed to the extent that it affirmed that reduced sentence. View "Georgia v. Hudson" on Justia Law