Legal Opinion

Smith v. State

Court of Appeals of Georgia

Decided August 31, 2000No. A00A1091PublishedCited by 3 opinions

1Opinion of the Court

Smith, Presiding Judge.

Gregory Smith was convicted by a jury of the offense of burglary. His motion for new trial was denied, and he appeals. We find no reversible error with respect to Smith’s conviction. But because the record is unclear as to whether Smith was afforded an opportunity to challenge the validity of prior convictions used in sentencing him as a recidivist, we remand this case for resentencing in accordance with Nash v. State, 271 Ga. 281 (519 SE2d 893) (1999).

1. Smith contends that the trial court erred in admitting his statement made during a custodial interrogation, before…

2Cases cited11 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. Parke v. RaleySupreme Court of the United States · 1993
  3. Pope v. StateSupreme Court of Georgia · 1986
  4. Nash v. StateSupreme Court of Georgia · 1999
  5. Livingston v. StateSupreme Court of Georgia · 1994

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3Cited by3 opinions

  1. Roberts v. StateCourt of Appeals of Georgia · 2013
  2. Smith v. StateCourt of Appeals of Georgia · 2003
  3. Christopher Bernard Roberts v. StateCourt of Appeals of Georgia · 2013

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