Nordahl v. State

Ellington, Justice.

**15We granted certiorari in this case to consider whether the Court of Appeals erred in applying a "conduct" approach when analyzing whether a prior out-of-state or federal conviction is for a crime that would be a felony if committed in Georgia and would, therefore, support enhanced punishment under OCGA § 17-10-7 (a) and (c), Georgia's general recidivist sentencing statute. As explained below, the Court of Appeals' "conduct" approach violates the Sixth Amendment to the Constitution of the United States and must, therefore, be disapproved. Nevertheless, after applying the…