Thompson v. State

Hunstein, Justice.

We granted certiorari from the Court of Appeals’ opinion in Thompson v. State, 256 Ga. App. 776 (9) (569 SE2d 884) (2002), to address whether the trial court properly considered Henry L. Thompson’s three prior habitual violator convictions in aggravation of his sentence. Because the State conceded at the sentencing hearing that the convictions could not be used in aggravation because they were uncounseled and the transcript establishes affirmatively that the trial court nevertheless used the convictions to determine the length of Thompson’s sentence, we hold that the Court…