Davis v. State

Hines, Justice.

This Court granted certiorari to the Court of Appeals to consider whether a criminal defendant who is on first offender probation that has not been discharged or revoked can be sentenced as a recidivist under OCGA § 17-10-7 (b) (2) when he is subsequently convicted of a violent felony. In this case, both the trial court and the Court of Appeals determined that Davis could be so sentenced. See Davis v. State, 239 Ga. App. 318 (521 SE2d 368) (1999). For the reasons that follow, we reverse.

In 1991, Davis was sentenced as a first offender for armed robbery and possession of a…