Arnold v. State

Bell, Chief Judge.

In its initial appearance (133 Ga. App. 451 (211 SE2d 404)), we affirmed the conviction, but directed a new sentence hearing because evidence of a previous conviction failed to show that the defendant had counsel or had waived the assistance of counsel, which rendered the prior conviction inadmissible. A new sentence hearing was held and the case is again before us. Held:

1. Defendant enumerates that the trial court erred in denying his motion for a resentencing by a jury as provided by Code Ann. § 27-2534, the law applicable at the time of the offense. At the time of…