Bell v. State

WHATLEY, Judge.

The appellant, Willie D. Bell, challenges his sentences for battery and grand theft. He contends that the trial court erred in scoring two of his prior Georgia convictions as third-degree felonies rather than misdemeanors. We agree and reverse.

First, Bell argues, and the state correctly concedes, that his prior Georgia conviction for possession of marijuana was improperly scored as a third-degree felony.

Second, Bell argues that his prior Georgia conviction for pointing a gun was also improperly scored as a third-degree felony. We agree. To determine whether an out-of-state…