Legal Opinion

Kennedy v. State

Court of Appeals of Georgia

Decided January 26, 2010No. A09A1889PublishedCited by 4 opinions

1Opinion of the Court

Bernes, Judge.

Dana E. Kennedy entered into a negotiated guilty plea on two counts of burglary and was sentenced as a recidivist. On appeal, he argues that the trial court erred in sentencing him under the general recidivist provisions of OCGA § 17-10-7 (c), 1 as opposed to the specific recidivist provisions of OCGA § 16-7-1 (b). 2 We affirm.

At the time that Kennedy pled guilty to the instant burglary charges, the state introduced certified copies of Kennedy’s four prior convictions. They included two earlier burglary convictions, a theft by taking conviction, and a forgery in the first degree…

2Cases cited4 opinions

  1. Goldberg v. StateSupreme Court of Georgia · 2007
  2. Butler v. StateSupreme Court of Georgia · 2006
  3. Patrick v. StateCourt of Appeals of Georgia · 2007
  4. Wester v. StateCourt of Appeals of Georgia · 2008

3Cited by4 opinions

  1. HARVEY v. the STATE.Court of Appeals of Georgia · 2018
  2. NORDAHL v. the STATE.Court of Appeals of Georgia · 2018
  3. Parham v. the StateCourt of Appeals of Georgia · 2017
  4. State v. Antwon Rashaad StanfordCourt of Appeals of Georgia · 2020

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