The rule of lenity applies to statutes that establish different punishments for the same offense. Lewis v. State, 291 Ga. 273 (2012). For example, the rule applies where the same conduct would support either a misdemeanor or felony conviction based on the same evidence. Falagian v. State, 300 Ga. App. 187 (2009). The rule says that any uncertainty in the statute is resolved in favor of the defendant. The defendant is to receive the lesser of the two punishments. The rule of lenity does not apply to convictions of two felony offenses. Rolif v. State, 314 Ga. App. 596 (2012); Rouen v. State, 312 Ga. App. 8 (2011).
There is no constitutional right to concurrent, rather than consecutive sentences. Holsey v. State, 316 Ga. App 801 (2012); Simpson v. State, 310 Ga. App. 63 (2011).