Smith v. State

Miller, Judge.

Ulysses Holland Smith was convicted on two counts of theft by taking. This court affirmed his convictions in Smith v. State, 255 Ga. *112App. 580 (565 SE2d 904) (2002). On March 11, 2003, Smith filed a motion to vacate void sentence, arguing that he was improperly sentenced as a recidivist. Following the denial of that motion, Smith appeals. We agree that Smith was improperly sentenced and remand the case for resentencing.

Smith was sentenced as a recidivist pursuant to OCGA§ 17-10-7 (c), which provides that “any person who, after having been convicted ... for three felonies ...…