Varnes v. State

Sognier, Judge.

1. Appellant was convicted of burglary. He first contends the trial court erred in the sentencing phase of the trial by considering a prior conviction which was not admissible under the provisions of Code Ann. § 27-2503. That code section provides that only such evidence in aggravation as the state has made known to the defendant prior to trial shall be admissible.

Apparently, the probation report contained information that appellant was on probation resulting from a burglary conviction in Mississippi. Appellant’s attorney confirmed this fact in response to a question from the…