Kell v. State
Kell v. State
Opinion of the Court
1. Michael J. Kell was convicted in Fulton County of Medicaid fraud pursuant to OCGA § 49-4-146.1 (b) (1) (C). In Culver v. State,
Accordingly, our decision in Division 1 (b) of Culver v. State is vacated, the judgment of the Supreme Court is made the judgment of this Court, and the judgment of the trial court regarding venue is affirmed. The Supreme Court’s reversal does not affect Divisions 1 (a), 1 (c), or 2 through 8 of our Culver opinion.
2. Given the reversal, however, we must now address Kell’s challenge to his sentence for Medicaid fraud.
We disagree. Under OCGA § 17-10-8,
[i]n any case where the judge may, by any law so authorizing, place on probation a person convicted of a felony, the judge may in his discretion impose a fine on the person so*490 convicted as a condition to such probation. The fine shall not exceed $100,000.00 or the amount of the maximum fine which may be imposed for conviction of such a felony, whichever is greater.5
Kell correctly asserts that the statutory maximum fine for a violation of OCGA § 49-4-146.1 (b) (1) (C) is $10,000.
Judgment affirmed.
254 Ga. App. 297, 302-303 (1) (b) (562 SE2d 201) (2002).
276 Ga. 423, 425 (577 SE2d 551) (2003).
See Culver, supra at 304 (1) (d).
(Emphasis supplied.)
See OCGA § 49-4-146.1 (c).
See id.
See OCGA § 17-10-8.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.