Chattooga Superior Court found Richard Becker guilty of possession of methamphetamine and obstruction of an officer, sentencing him to the maximum penalty for possession. The trial court used the sentencing guidelines found in O.C.G.A. § 17-10-7 (a) and (c) since the statute pertains to repeat offenders.
The Georgia Court of Appeals supported the trial court’s convictions of the defendant but asked it to reevaluate Mr. Becker’s sentencing. The Court explained that some revisions had been made to the sentencing statute as well as the addition of a new subsection. The trial court assumed that it should “impose the maximum sentence for possession of methamphetamine,” but the Appeals Court showed that the trial court had more discretion.
The trial court correctly convicted Richard Becker, but it had to reapply the O.C.G.A. § 17-10-7 in sentencing him.