Williams v. State

McMurray, Presiding Judge.

Defendant appeals the trial court’s sentencing him as a recidivist under OCGA § 17-10-7 because there was no admissible evidence in the record to support the trial court’s finding that he had “six (6) prior felony convictions, imposed on three (3) separate occasions.” In its brief, the State agrees that “[t]he sentence as imposed is not supported by the record.” Held:

Decided January 5, 1999. June E. Fogle, for appellant. Spencer Lawton, Jr., District Attorney, Kimberly Rowden, Assistant District Attorney, for appellee.

The trial court erred in considering the prior…