Williams v. State, 235 Ga. App. 876

McMurray, Presiding Judge.

Defendant appeals the trial court’s sentencing him as a recidivist under OCGA § 17-10-7 because there was no admissible evidence in the record to support the trial court’s finding that he had “six (6) prior felony convictions, imposed on three (3) separate occasions.” In its brief, the State agrees that “[t]he sentence as imposed is not supported by the record.” Held:

Decided January 5, 1999. June E. Fogle, for appellant. Spencer Lawton, Jr., District Attorney, Kimberly Rowden, Assistant District Attorney, for appellee.

The trial court erred in considering the prior convictions which were not supported by admissible evidence when sentencing the defendant as a recidivist. Ramsey v. State, 218 Ga. App. 692, 693 (4) (462 SE2d 806). The judgment as to defendant’s sentence is vacated, and the case is remanded to the trial court for resentencing.

Judgment vacated as to sentence and case remanded.

Blackburn and Eldridge, JJ., concur.

Case Details

Case Name: Williams v. State

Court Name: Court of Appeals of Georgia

Date Published: Jan 5, 1999

Citations: 235 Ga. App. 876; 510 S.E.2d 848; 99 Fulton County D. Rep. 407; 1999 Ga. App. LEXIS 26; A98A2294

Docket Number: A98A2294

Court Abbreviation: Ga. Ct. App.