Davis v. State

Mikell, Judge.

In Davis v. State, 239 Ga. App. 318 (521 SE2d 368) (1999), we affirmed Tommie Coleman Davis’ conviction and sentence for armed robbery and possession of a firearm during the commission of a crime. On certiorari, the Supreme Court reversed our ruling that Davis, who committed the crimes during the period of his first offender probation, could be sentenced as a recidivist under OCGA § 17-10-7 (b) (2). Davis v. State, 273 Ga. 14 (537 SE2d 663) (2000). Instead, the Supreme Court held that guilty pleas Davis entered as a *886first offender did not constitute convictions that could serve…