Gary v. State

Judge Harold R. Banke.

John Gary pleaded guilty to shoplifting a pack of cigarettes having a value of $1.15. Due to his prior shoplifting record this offense was a felony. OCGA § 16-8-14. The trial court imposed a ten-year sen*507tence which Gary challenges as excessive in his sole enumeration of error. Held:

Decided September 23, 1998. Copeland & Haugabrook, Karla L. Walker, for appellant. J. David Miller, District Attorney, Jennifer A. Thomas, Assistant District Attorney, for appellee.

It is undisputed that Gary had at least three prior convictions for theft by shoplifting. OCGA § 16-8-14 (b) (1)…