Sinkfield v. State

Benham, Justice.

In his appeal to the Court of Appeals from his conviction of aggravated assault, appellant enumerated as error the trial court’s consideration of a previous indictment for aggravated assault, in aggravation of punishment. In support of its conclusion that the enumeration of error presented nothing for review, the Court of Appeals quoted Tommie v. State, 158 Ga. App. 216 (1) (279 SE2d 510) (1981), as follows:

This court will not review for legal error any sentence which is within the statutory limits — as in the instant case. [Cits.] Any question as to the excessiveness of a…