Bostick v. Ricketts

Hall, Justice.

A Clarke County jury convicted appellant of his third offense of motor vehicle theft and sentenced him as a recidivist to ten years pursuant to Code Ann. § 26-1813 (b) (Ga. L. 1968, pp. 1249, 1295; 1969, pp. 857, 861). Appellant’s conviction was affirmed on appeal, and after incarceration he initiated these proceedings for a writ of habeas corpus. After a hearing, the habeas court remanded the appellant to custody. He appeals the court’s ruling, contending first that it erred by holding that by his failure to object to the recidivist portion of the indictment going unmasked to…