State v. Cain

Andrews, Presiding Judge.

The issue raised in this appeal is whether the trial court erred in probating a portion of Kenneth Cain’s sentence after Cain pled guilty to one count of burglary. The State argues on appeal that because this was Cain’s second burglary conviction, the trial judge did not have discretion to probate a portion of his sentence. We agree and vacate the sentence.

OCGA § 16-7-1 (b) provides:

Upon a second conviction for a crime of burglary occurring after the first conviction, a person shall be punished by imprisonment for not less than two nor more than 20 years. Upon a third…