Williams v. State

Annotate this Case

510 S.E.2d 848 (1999)

235 Ga. App. 876

WILLIAMS v. The STATE.

No. A98A2294.

Court of Appeals of Georgia.

January 5, 1999.

June E. Fogle, for appellant.

Spencer Lawton, Jr., District Attorney, Kimberly Rowden, Assistant District Attorney, for appellee.

McMURRAY, Presiding Judge.

Defendant appeals the trial court's sentencing him as a recidivist under OCGA ยง 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:

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 S.E.2d 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.

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.