Queen v. State

Deen, Presiding Judge.

Grady Holt Queen was indicted for arson in the first degree and as an habitual offender. He received a jury trial on the arson count, was found guilty, and was sentenced to the maximum sentence of twenty years (ten to serve, ten on probation, a fine, and restitution) as an habitual offender, pursuant to the provisions of OCGA § 17-10-7.

1. In his first enumeration of error, Queen contends that the trial court erred in sentencing him as a recidivist because his prior felony conviction had been discharged under OCGA § 42-8-60, the first-offender statute.

Appellant was given…