State v. Carter

Birdsong, Presiding Judge.

The sole question in this appeal is whether the trial court erred in sentencing the appellee Carter, a sixth time recidivist felon, to a term of twenty years with twelve to serve and the remaining eight years probated.

The state contends that under OCGA § 17-10-7 (b), the habitual offender statute, the trial court must sentence the fourth time recidivist felon to the maximum sentence for the crime without probation. We have previously held the fourth time felon may receive a sentence of probation, in Brooks v. State, 165 Ga. App. 115, 117 (299 SE2d 167); Jackson v.…